California Courts of Appeal, 1959

Brown v. Mayor of Redlands

Brown v. Mayor of Redlands
California Courts of Appeal · Decided October 27, 1959 · Griffin
174 Cal. App. 2d 763; 345 P.2d 75; 1959 Cal. App. LEXIS 1765

Brown v. Mayor of Redlands

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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