183 Cal. App. 2d 798 | Cal. Ct. App. | 1960
This is a purported appeal from an order granting a motion to strike portions of plaintiff’s second amended complaint and from an order sustaining defendant’s demurrer to plaintiff’s second amended complaint without leave to amend. The record does not show that any judgment
This court is powerless to entertain or consider the merits of a nonappealable order. An order sustaining a demurrer without leave to amend is not one of those mentioned in Code of Civil Procedure, section 963. It is not appealable. (Evans v. Dabney, 37 Cal.2d 758, 759 [1] [235 P.2d 604].) An appeal in such cases must be taken from a judgment of dismissal. (Schisler v. Mitchell, 174 Cal.App.2d 27, 29 [1] [344 P.2d 61]; Brown v. Mayor & City Council of Redlands, 174 Cal.App.2d 763 [345 P.2d 75].) An order granting
a motion to strike a portion of a pleading is in the same category. No appeal is provided from such an order. (Yandell v. City of Los Angeles, 214 Cal. 234 [9 P.2d 947] ; W. A. Rose Co. v. Municipal Court, 176 Cal.App.2d 67 [1 Cal.Rptr. 49].)
Appeal dismissed.
Griffin, P. J., and Coughlin, J., concurred.