Kronkright

Demurrers to plaintiff’s first amended complaint, separately filed by Philip Gardner and Garth G. Gardner, were sustained without leave to amend on the ground no cause of action was stated against either of them, and orders for the dismissal of each defendant were filed (judgments, Code Civ. Proc., § 581d). Thereafter, plaintiff brought separate motions for new trial as to these defendants. After hearing the motions together on July 16, 1971, the trial court entered an order granting plaintiff’s motion as to Garth Gardner, setting aside its dismissal of him and allowing plaintiff 30 days within which to file an amended complaint. It denied the motion as to Philip.

Plaintiff has filed two appeals: (1) appeal No. 40383 is “from the order or judgment of dismissal” against Garth G. Gardner entered June 7, 1971, and “from the order or judgment of dismissal” against Philip Gardner entered June 28, 1971; (2) No. 40862 is from the order entered July 16, 1971.

We discuss appellant’s, second appeal first. Plaintiff had moved for a new trial against both defendants but the court’s minute order states “The motion is treated as a motion for reconsideration . . . .” Plaintiff objects…