Carpenter v. Fitch

Full title: W.L. CARPENTER, Appellant, v. FLOYD FITCH et al., Respondents

Court: Court of Appeal of California, Second District, Division Three

Date published: Sep 13, 1948

87 Cal.App.2d 534 (Cal. Ct. App. 1948)

197 P.2d 174

Opinion

Docket No. 16166.

September 13, 1948.

APPEAL from a judgment of the Superior Court of Los Angeles County and from an order sustaining demurrer to second amended complaint without leave to amend. Allen W. Ashburn, Judge. Appeal dismissed.

W.L. Carpenter, in pro. per., for Appellant.

Arthur C. Webb for Respondents.

WOOD, J.

Plaintiff appeals from the judgment and from the order sustaining a demurrer to the second amended complaint without leave to amend.

No judgment was made or entered in the above entitled action, and of course there was no judgment from which an appeal could be taken. [1] The trial court made an order sustaining defendants' demurrer to the second amended complaint without leave to amend. Such an order is not appealable. (Code Civ. Proc., § 963; Braren v. Reliable Carpet Wks., Inc., 125 Cal.App. 489, 491 [ 13 P.2d 972]; Ross v. O'Brien, 1 Cal.App.2d 496, 498 [ 36 P.2d 1108]; Pulvermacher v. Los Angeles Co-Ordinating Com., 61 Cal.App.2d 704, 711 [ 143 P.2d 974].) The method of reviewing such a ruling on demurrer is by way of appeal from the judgment thereafter entered in the action. ( Braren v. Reliable Carpet Wks., Inc., supra, p. 491.)

The appeal is dismissed.

Shinn, P.J., and Vallee, J., concurred.