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Brunson v. City of Santa Monica

Court of Appeal of California, Second District
Sep 8, 1914
25 Cal.App. 383 (Cal. Ct. App. 1914)

Opinion

Civ. No. 1495.

September 8, 1914.

APPEAL from an order of the Superior Court of Los Angeles County sustaining a demurrer. Chas. Wellborn, Judge.

The facts are stated in the opinion of the court.

E. Burton Ceruti, for Appellant.

Hutton, Jensen Fogel, for Respondent.


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.


Summaries of

Brunson v. City of Santa Monica

Court of Appeal of California, Second District
Sep 8, 1914
25 Cal.App. 383 (Cal. Ct. App. 1914)
Case details for

Brunson v. City of Santa Monica

Case Details

Full title:C. E. A. BRUNSON, Appellant, v. THE CITY OF SANTA MONICA (a Municipal…

Court:Court of Appeal of California, Second District

Date published: Sep 8, 1914

Citations

25 Cal.App. 383 (Cal. Ct. App. 1914)
143 P. 792

Citing Cases

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[1] The decisions hold uniformly that no appeal lies from an order sustaining a demurrer without leave to…