Beazell v. Schrader
HOWARD L. BEAZELL, and v. EUGENE SCHRADER, and
- Area
- civil
- Panel
- Louis H. Burke (author)
Analysis
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Opinion — Burke
BURKE, P. J.
Plaintiff purports to appeal from an order sustaining without leave to amend defendant’s demurrer to a first amended complaint.
On November 3, 1961, a minute order was entered sustaining defendant’s demurrer to first amended complaint without leave to amend for failure to state a cause of action within the jurisdiction of the superior court. No judgment thereon has been entered.
*674[ 1 ] It is well settled that an order sustaining a demurrer without leave to amend is not an appealable order or a final judgment. A reviewing court does not have jurisdiction to review an appeal of this type. (Tellefsen v. Key System Transit Lines, 187 Cal.App.2d 44 [9 Cal.Rptr. 299]; Futlick v. F. W. Woolworth Co., 149 Cal.App.2d 296, 298 [308 P.2d 405]; Schmidt v. Townsend, 103 Cal.App.2d 185, 186-187 [229 P.2d 488]; see also 3 Witkin, Cal. Procedure, § 19, p. 2162.)
The purported appeal is dismissed.
J efferson, J., and Balthis, J., concurred.
Cites, in this corpus
- Tellefsen v. Key System Transit Lines Civ. No. 18797 · 1960-12-02
- Tellefsen v. Key System Transit Lines Civ. No. 18797 · 1960-12-02
- Futlick v. F. W. Woolworth Co. Civ. 5361 · 1957-03-19
- Schmidt v. Townsend Civ. 14741 · 1951-03-29