57 Cal. App. 2d 908 | Cal. Ct. App. | 1943
Plaintiff brought this action to enjoin defendants from maintaining pickets in front of plaintiff’s place of business. After a hearing at which oral testimony and documentary proof was received, the trial court denied plaintiff a temporary restraining order, and thereafter entered an order sustaining defendants’ demurrer to the complaint without leave to amend. Plaintiff took an appeal from each order.
The controversy arose over the failure of the parties to enter into a contract relating to the employment of salesmen in the operation of plaintiff’s business. The contract was prepared and submitted to plaintiff by a representative of the defendant union. It was dated July 1, 1941, and delivered to plaintiff about September 1, 1941, but up to November 26, 1941, plaintiff had not signed it. Thereupon the defend
As to the second appeal, it was taken from the minute order which recited merely that the demurrer was sustained without leave to amend. No final judgment was ever entered thereon. It has long since been held, uniformly, that no appeal lies from an order sustaining a demurrer without leave to amend; that if such appeal is attempted it will be dismissed; that the only method of reviewing such an order is by way of an appeal from the final judgment entered therein, if and when such judgment is entered. (Braren v. Reliable Carpet Wks., Inc., 125 Cal.App. 489 [13 P.2d 972] ; Doran v. Sherman, 18 Cal. App.2d. 479 [64 P.2d 442]; Beckjord v. Slusher, 22 Cal.App.2d 559 [71 P.2d 820] ; Scott v. Security Title Ins. & Guar. Co., 9 Cal.2d 606 [72 P.2d 143, 117 A.L.R. 1049].)
For the reasons stated, the order denying the preliminary restraining order is affirmed, and the appeal from the order sustaining the demurrer without leave to amend is dismissed.
Peters, P. J., and Ward, J., concurred.