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Sierra v. Melbostad

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE
Jun 25, 2013
A135899 (Cal. Ct. App. Jun. 25, 2013)

Opinion

A135899

06-25-2013

REGULO SIERRA, Plaintiff and Appellant, v. PAUL H. MELBOSTAD et al., Defendants and Respondents.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(San Francisco City & County

Super. Ct. No. CGC-11-516154)


MEMORANDUM OPINION

We use the memorandum opinion format pursuant to California Standards of Judicial Administration, section 8.1.

Plaintiff Regulo Sierra sued his former attorneys, defendants Paul H. Melbostad and his law firm, for legal malpractice. The trial court sustained defendants' demurrer to plaintiff's first amended complaint without leave to amend on the ground the malpractice claims were time-barred.

Plaintiff, in pro. per. both here and below, purports to appeal from (1) the order sustaining the demurrer without leave to amend and (2) an order denying reconsideration of that order.

Neither order is appealable. (Nowlon v. Koram Ins. Center, Inc. (1991) 1 Cal.App.4th 1437, 1440; Annette F. v. Sharon S. (2005) 130 Cal.App.4th 1448, 1458-1459; 9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 154, pp. 230-231, § 165, pp. 241-242.) Accordingly, we hereby dismiss this appeal.

We resolve this appeal without oral argument because we are not deciding it on the merits. (See Moles v. Regents of University of California (1982) 32 Cal.3d 867, 871.)
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______________________

Sepulveda, J.
We concur: ______________________

Retired Associate Justice of the Court of Appeal, First Appellate District, Division Four, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Dondero, Acting P.J.
______________________

Banke, J.


Summaries of

Sierra v. Melbostad

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE
Jun 25, 2013
A135899 (Cal. Ct. App. Jun. 25, 2013)
Case details for

Sierra v. Melbostad

Case Details

Full title:REGULO SIERRA, Plaintiff and Appellant, v. PAUL H. MELBOSTAD et al.…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE

Date published: Jun 25, 2013

Citations

A135899 (Cal. Ct. App. Jun. 25, 2013)