Parker v. Owen
GLADYS L. PARKER v. MARGARET M. OWEN
- Area
- civil
- Panel
- Marshall F. McComb (author), Emmet H. Wilson
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — McComb
McCOMB, J.
This is a motion to dismiss an appeal from an order of the trial court denying plaintiff's motion to dismiss the action before any evidence was offered.
This is the single question presented for determination :
Is an order denying a motion to dismiss an action before any evidence is offered an appealable order?
This question must be answered in the negative for the reason that an order denying a motion to dismiss an action before any evidence is received is not an appealable order. (Perry v. Magneson, 207 Cal. 617, 620 [279 P. 650] ; Andersen v. Superior Court, 187 Cal. 95, 97. [200 P. 963]; Garthwaite v. Bank of Tulare, 134 Cal. 237, 243 [66 P. 326] ; Halsey v. Sears, 90 Cal.App. 306 et seq. [265 P. 858]; Forrester v. Lawler, 14 Cal.App. 170, 171 [111 P. 284].)
In view of the foregoing rule the appeal must be dismissed. It is so ordered.
Moore, P. J., concurred.
Concurrence — Wilson
WILSON, J.
I concur. It should be said, however, that the motion to dismiss ought to have been granted since the answer does not state an affirmative defense.
Cites, in this corpus
- Perry v. Magneson Docket No. S.F. 13062. · 1929-07-18
- Halsey v. Sears Docket No. 4608. · 1928-03-21
- Andersen v. Superior Court S. F. No. 9795. · 1921-09-16
- Forrester v. Lawler Civ. No. 830. · 1910-08-27
- Forrester v. Lawler Civ. No. 829. · 1910-08-27
- Garthwaite v. Bank of Tulare Sac. No. 780. · 1901-09-30
Cited by
- Samuel v. Stevedoring Services of America B082368 · 1994-04-25
- Obergfell v. Obergfell Civ. 5106 · 1955-07-22
- Eistrat v. Humiston Civ. 20395 · 1954-12-09