History
  • No items yet
midpage
Brunson v. Santa Monica
1914 Cal. App. LEXIS 248
| Cal. Ct. App. | 1914
|
Check Treatment

The appeal is from "the whole of that certain order made and entered in this action by said court on the twenty-ninth day of December, 1913, sustaining the defendant's demurrer to plaintiff's amended complaint on file herein, without leave to amend." No appeal lies from an order sustaining a demurrer without leave to amend. (Code Civ. Proc., sec. 963.) "The only method of review of such proceedings here is through an appeal from the final judgment thereafter entered in the action itself, if such judgment be unfavorable." (Ashley v. Olmsted,54 Cal. 616; Agard v. Valencia, 39 Cal. 292; Hibberd v.Smith, 39 Cal. 145.) The record discloses no judgment entered in the action from which an appeal could be prosecuted.

The appeal purporting to have been taken from the order sustaining the demurrer is dismissed.

Conrey, P. J., and James, J., concurred.

*Page 384

Case Details

Case Name: Brunson v. Santa Monica
Court Name: California Court of Appeal
Date Published: Sep 8, 1914
Citation: 1914 Cal. App. LEXIS 248
Docket Number: Civ. No. 1495.
Court Abbreviation: Cal. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.