recent demurrer on second amend compl- result was: def ( A) was dismissed while def- B was not and some of the causes of action were sustained without leave and one with leave to amend and three still stand as the def-b demurer was over ruled. I believe that Def-A should not have been dismissed. Do I wait until the case is over with def-b to file my appeal? or 60 days from the date of this ruling? and or should I also file a motion for reconsideration?since there is a substantial new documentary evidence and new information to present to the court? and does filing the motion for reconsideration toll the time to file my amended complaint or do I file it anyways along with mot for reconsideraton.
If a party was completed dismissed from the litigation, you have a right to appeal that claim and should.
The date for your appeal of the first defendant started on the day the defendant was officially dismissed. You can try a motion for reconsideration based on new facts, but it is unlikely you will win. Make sure if you file one, that you serve Defendant A's counsel or Defendant A if no counsel. As to Def. B, you have to file the third amended complaint ASAP based on the recent ruling.
If Deft. A has been "dismissed" you must appeal immediately, However, the appeal is from a judgment or order of dismissal, and not the order sustaining the demurrer - a technicality that you must pay attention to.
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