Oeth

This is an action to enforce two alleged trusts. The trial court made a minute order sustaining defendants’ demurrer to the second amended complaint without leave to amend and granting defendants’ motion to strike the same pleading, following which the court made its order of dismissal. Plaintiff is appealing from the dismissal. The notice of appeal also recites that plaintiff appeals from orders sustaining the demurrer and granting the motion to strike; but such orders are purely interlocutory and not appealable, and the purported appeal therefrom must be dismissed. (Curnutt v. Holk, 203 Cal.App.2d 6 [ 21 Cal.Rptr. 224 ].)

The appeal from the order of dismissal presents two questions :

The complaint is divided into six counts, but it is not necessary to discuss each count individually. For the purpose of this opinion it is sufficient to note that the complaint alleges two distinct trusts which must be considered separately.

The pleading includes these allegations: Plaintiff was born out of wedlock on December 26, 1938, the daughter of defendant Maria Najera Mason. When plaintiff was baptized on May 14, 1959, her godfather, Dr. Gregorio Del Amo, made a gift to her of $10,000 in…