Henry

Henry v. Law Firm of William Hillyer, Richard Crake & Oscar F. Irwin

Good Law
183 Cal. App. 2d 798·1960 Cal. App. LEXIS 1832·6 Cal. Rptr. 877
Court of Appeal of CaliforniaAugust 17, 1960Civ. No. 6413California306 words

Opinion

Lead Opinion

Shepard, J.

This is a purported appeal from an order granting a motion to strike portions of plaintiff’s second amended complaint and from an order sustaining defendant’s demurrer to plaintiff’s second amended complaint without leave to amend. The record does not show that any judgment *799 was ever entered pursuant to said order. The notice of appeal refers to an order granting a motion to strike and sustaining the general and special demurrer. A judgment is not mentioned in the notice of appeal nor in the notice to the clerk to prepare records necessary for prosecution of appeal. There is nothing contained in the clerk’s transcript in any way purporting to be a judgment. It is thus clear that there is no error in appellant’s terminology and that he is in truth attempting to appeal from the order granting a motion to strike and from the order sustaining defendant’s demurrer.

This court is powerless to entertain or consider the merits of a nonappealable order. An order sustaining a demurrer without leave to amend is not one of those mentioned in Code of Civil Procedure, section 963. It is not appealable. (Evans v. Dabney, 37 Cal.2d 758, 759 [1] [ 235 P.2d 604 ].) An appeal in such cases must…

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