Edgren

Edgren v. Regents of the University

Good Law
158 Cal. App. 3d 515·1984 Cal. App. LEXIS 2332·205 Cal. Rptr. 6
Court of Appeal of CaliforniaJune 27, 1984No. B003044California2,341 words

Opinion

Lead Opinion

Storch, J.

Plaintiff appeals from an order of the Santa Barbara Superior Court sustaining a demurrer to all causes of action without leave to amend. This purported appeal is from a nonappealable order (Kennedy v. Owen (1948) 85 Cal.App.2d 517 [ 193 P.2d 141 ]; Braren v. Reliable Carpet Works (1932) 125 Cal.App. 489 [ 13 P.2d 972 ]) that should have been taken from the subsequent judgment of dismissal entered pursuant to the order. In the interest of judicial economy, we construe the appeal to have been taken from the judgment and thus treat the appeal on the merits. *519 (Fundin v. Chicago Pneumatic Tool Co. (1984) 152 Cal.App.3d 951, 954 [ 199 Cal.Rptr. 789 ].)

Facts

Plaintiff, employed by defendant, the Regents of the University of California (hereafter Regents), for 26 years, had attained the position of principal architect when he was laid off effective September 30, 1982. He was informed orally on June 17, 1982, and in writing on June 24, 1982, by defendant Towne, assistant vice chancellor and director of facilities management, that his layoff was attributed to “budgetary reasons.”

In accordance with the Regents’ personnel policies and procedures, plaintiff filed a grievance…

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