California Courts of Appeal, 1959

Brown v. Mayor of Redlands

California Courts of Appeal · Decided October 27, 1959 · Civ. No. 5751 · Griffin

174 Cal. App. 2d 763; 345 P.2d 75; 1959 Cal. App. LEXIS 1765

Cases that cite this one

3 later published cases cite this decision.

Shank v. Los Gatos Associates (Cal. Ct. App. 1961)
Henry v. Law Firm of William Hillyer, Richard Crake & Oscar F. Irwin (Cal. Ct. App. 1960)
Brown v. Mayor and City Council (Cal. Ct. App. 1959)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

GRIFFIN, P. J.

Petitioner here attempts to appeal from an order sustaining defendant’s demurrer to the first amended petition for writ of mandate without leave to amend that pleading. This is not an appealable order. It does not appear that a judgment was entered dismissing or otherwise disposing of the action. No such judgment is contained in the record on appeal.

It has been uniformly held that an order sustaining a demurrer without leave to amend is not an appealable order or a final judgment and that a reviewing court does not have jurisdiction to review an appeal of this type. (Futlick v. F. W. Woolworth Co., 149 Cal.App.2d 296 [308 P.2d 405]; Madsen *764v. Turlock Irr. Dist., 56 Cal.App.2d 742 [133 P.2d 416]; Cole v. Rush, 40 Cal.2d 178 [252 P.2d 1].)

Appeal dismissed.

Shepard, J., concurred.

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