Payne
Payne v. Rader
Opinion
Opinion
Butz, J.
Plaintiff William C. Payne appeals from (1) a judgment of dismissal entered after a demurrer to his amended complaint was sustained without leave to amend, and (2) a postjudgment order denying plaintiff’s motion to vacate the dismissal pursuant to Code of Civil Procedure section 663.
For reasons we will explain, the appeal from the judgment of dismissal is untimely, and no appeal lies from the order denying Payne’s section 663 motion. Hence, we shall dismiss both appeals.
PROCEDURAL HISTORY
On September 21, 2006, Payne filed an amended complaint for damages, indemnity and other relief against Richard E. Rader and several individual partners in the law firm of Rader, Rader, Goulart and Gray.
Defendants demurred to the complaint on grounds that all causes of action were barred by applicable statutes of limitations.
By minute order, the trial court sustained the demurrer without leave to amend. A judgment of dismissal was entered on January 11, 2007 (all further calendar references are to that year), and defendants served notice of entry of judgment on January 16.
On January 31, Payne filed a motion to vacate the judgment of dismissal. The motion stated that it was…