Timperley

— Respondents’ demurrer to the second amended complaint was sustained with 20 days’ leave to amend on the ground that no cause of action was stated. Two months later, when appellant failed to amend, respondents moved to dismiss under Code of Civil Procedure section 581 subdivision 3. Appellant appeals from the judgment of dismissal that followed and purports to appeal also from the order sustaining the demurrer. The order sustaining the demurrer is a preliminary order that is not separately appealable. (Jeffers v. Screen Extras Guild, Inc., 107 Cal. App.2d 253, 254 [ 237 P.2d 51 ].)

Eespondents contend at the outset that the sufficiency of the complaint is not before us on this appeal and that the sole question presented is whether the trial court properly granted the motion to dismiss in view of appellant’s failure to amend or to appear in response to respondents’ motion to dismiss. This contention is contrary to authority, as respondents recognize. (Sierra Inv. Corp. v. County of Sacramento, 252 Cal.App.2d 339 [ 60 Cal.Rptr. 519 ]; Jeffers v. Screen Extras Guild, Inc., supra, 107 Cal.App.2d 253 .) Saddlemire v. Stockton Sav. & Loan Soc., 144 Cal. 650 [ 79 P. 381 ], cited by…