The Supreme Court's notice of forthcoming filings from last Friday advises us that the opinion in Baycol Cases I and II, no. S178320, will be handed down today. When it is posted at 10:00 a.m., the opinion should be available at this link:
- In re Baycol Cases I and II, ___ Cal.4th ___ (Feb. 28, 2011)
This is the issue on review:
Did the "death knell doctrine" require plaintiff to immediately appeal the sustaining of a demurer as to class claims when the ruling resolved both individual and class claims, or did the one final judgment rule apply and require a single appeal from the subsequent entry of final judgment on all claims?
UPDATE: Here is the money quote from Baycol:
If an order terminates class claims, but individual claims persist, the order terminating class claims is immediately appealable under Daar’s death knell doctrine. If an order terminates class claims and individual claims as well, it is not. Because the order here fell in the latter category, it was nonappealable, and it was error to treat the subsequent appeal from a final judgment as untimely.
Slip op. at 13.