Mounger

I respectfully dissent. I would dismiss the purported appeal because the minute order sustaining demurrer is a nonappealable order, and I would decline to to make this order reviewable by mandamus. Further, I agree with the ruling of the trial court sustaining the demurrer for Mounger’s failure to exhaust his administrative remedies and would deny relief.

I

Dismissal of Appeal

Plaintiffs appeal from minute order sustaining demurrer of all named City defendants to counts 1 through 5 of the second amended complaint. The minute order is nonappealable. Only a judgment of dismissal entered on order sustaining demurrer is appealable (Taylor v. State Personnel Bd. (1980) 101 Cal.App.3d 498, 501, fn. 1 [ 161 Cal.Rptr. 677 ]); no such judgment was entered in the instant case, and for good reason. The minute order disposed of only five counts of a nine-count complaint of which four counts against the demurring defendants are still pending in the trial court. The court’s ruling only could be and properly was embodied in a minute order pending final judgment in the action. Any judgment entered on such an order would not be a final judgment appeal from which would be prema *1261 ture. (U.S.…

Darryl Mounger and the Los Angeles Police Protective League (LAPPL) appeal from an order sustaining a demurrer without leave to amend to the first through fifth causes of action in the second amended complaint seeking injunctive and declaratory relief for alleged violations of section 3303 of the Government Code. The question on appeal is whether Goverment Code section 3309.5 1 requires appellant Mounger to exhaust his *1252 administrative remedies before seeking judicial relief. For the reasons set forth below, we conclude the trial court erred. Since the parties appeal from a nonappealable order, we will treat the purported appeal as a petition for writ of mandate and issue a peremptory writ of mandate directing the trial court to vacate the order sustaining the demurrer without leave to amend to counts one through five. We will continue to refer to the parties as appellants and respondents.

Statement of Fact and Proceedings Below

Plaintiffs alleged in their second amended complaint Mounger, a sergeant in the Los Angeles Police Department, was the subject of an investigation by the Internal Affairs Division (IAD) for misconduct. Mounger was interrogated by the IAD on…

Darryl Mounger and the Los Angeles Police Protective League (LAPPL) appeal from an order sustaining a demurrer without leave to amend to the first through fifth causes of action in the second amended complaint seeking injunctive and declaratory relief for alleged violations of section 3303 of the Government Code. The question on appeal is whether Government Code section 3309.5 [1] requires appellant Mounger to exhaust his administrative remedies before seeking judicial relief. For the reasons set forth below, we conclude the trial court erred. Since the parties appeal from a nonappealable order, we will treat the purported appeal as a petition for writ of mandate and issue a peremptory writ of mandate directing the trial court to vacate the order sustaining the demurrer without leave to amend to counts one through five. We will continue to refer to the parties as appellants and respondents.

Plaintiffs alleged in their second amended complaint Mounger, a sergeant in the Los Angeles Police Department, was the subject of an investigation by the Internal Affairs Division (IAD) for misconduct. Mounger was interrogated by the IAD on three separate occasions. In…