Olson

Plaintiff purports to appeal from the “Order sustaining defendant, Volkswagen of America, Inc.’s and Volkswagen Aktiengesellschaft’s demurrer to plaintiff’s third amended complaint without leave to amend and the order entered thereon dismissing Volkswagen of America, Inc. and Volkswagen Aktiengesellschaft from plaintiff’s action.” However, it appears there is no order dismissing these defendants following the sustaining of the demurrer and that this appeal is from the court’s order sustaining the demurrer without leave to amend. An order sustaining a demurrer without leave to amend is not an appealable order. (Beazell v. Schrader (1963) 59 Cal.2d 577, 579 [ 30 Cal.Rptr. 534 , 381 P.2d 390 ].)

Although this court has given notice to the bar (Cohen v. Equitable Life Assurance Society (1987) 196 Cal.App.3d 669, 671 [ 242 Cal.Rptr. 84 ]) that we will no longer bail out attorneys who appeal from nonappeable orders, we note that the notice of appeal in the instant case was filed five months prior to the filing of our opinion in Cohen (Nov. 24, 1987), and under the circumstances, we deem the order sustaining the demurrer to incorporate a judgment of dismissal and treat Olson’s…