California Supreme Court Watch

#25-146 Maniago v. Desert Cardiology Consultants’ Medical Group, Inc., S290188.  (D085025; 109 Cal.App.5th 621; Riverside County Superior Court; CVRI2303683.)  Petition for review after the Court of Appeal dismissed an appeal in a civil action.  The court limited review to the following issue:  Is a voluntary dismissal with prejudice an appealable order if it was entered after an adverse ruling by the trial court in order to expedite an appeal of the ruling?

Petition for review granted; issues limited: 5/28/2025

Case fully briefed: 10/20/2025

Cause argued and submitted: 5/06/2026

Opinion filed: Judgment affirmed in full: 7/16/2026

See the Court of Appeal Opinion.

See the Oral Argument.

See the California Supreme Court Opinion.  (Maniago v. Desert Cardiology Consultants’ Medical Group, Inc. (2026) __ Cal.5th __.)

“In this case, the trial court issued two orders prior to the filing of the voluntary dismissal, neither of which foreclosed any of the Maniagos’ claims. Instead, those orders merely sustained a demurrer to some (but not all) of their claims with leave to amend and struck certain forms of requested relief. We hold that when, as here, the plaintiffs voluntarily dismiss their action before the court has reached a final resolution regarding any of the claims pleaded in the complaint, the effect of the dismissal is to terminate the action entirely, thus forfeiting the right to appeal.”

Justice Groban authored the opinion of the Court, in which Chief Justice Guerrero and Justices Corrigan, Liu, Kruger, Evans, and Cody* concurred.