Hotel Park Central, Inc. v. Security-First National Bank

Appeal by plaintiff from a judgment in favor of defendant, after order sustaining objection to introduction of evidence and granting judgment on the pleadings, and from a later order denying relief under section 473 of the Code of Civil Procedure.

Respondent objects to a hearing on the merits of the appeal from the judgment, upon the ground that the notice of appeal was filed too late, and this objection must be sustained. The notice was filed more than sixty days after judgment but within thirty days after ruling upon plaintiff’s attempted motion for new trial. No issue of fact was tried. The order of the court granting a motion for judgment on the pleadings after a ruling sustaining an objection to the introduction of evidence, on the ground that the amended complaint failed to state a cause of action, was a decision upon questions of law alone. No motion for new trial lies in such cases. (Abbey Land etc. Co. v. San Mateo County, 167 Cal. 434 [ 139 Pac. 1068 , Ann. Cas. 1915C, 804, 52 L. R. A. (N. S.) 408].) An attempted motion for new trial in a case where none is authorized does not extend the time within which an appeal can be taken. (Confar v. Whelan, 8 Cal. App. (2d) 101 […