Marriage of Walther CA2/6

facts [in the petition] false.” The court issued a signed statement of decision incorporating the unsigned minute order.

2This is appellant’s third appeal concerning his marriage to respondent. (See In re Marriage of Walther (Aug. 17, 2016) B267209 [non-pub. opn.]; In re Marriage of Walther (Nov. 30, 2015) B260104 [non-pub. opn.].)

2 Notice of Appeal In the notice of appeal, appellant placed an “x” in a box indicating that he was appealing from a “[j]udgment of dismissal after an order sustaining a demurrer.” But the record on appeal does not contain a judgment of dismissal, and the register of actions shows that no such judgment was entered. “An order sustaining a demurrer is not appealable absent an order dismissing the complaint. . . . Because the case has been fully briefed . . . , we deem the order sustaining the demurrer[] [without leave to amend] to incorporate a judgment of dismissal . . . .” (Lucas v. Santa Maria Public Airport Dist. (1995) 39 Cal.App.4th 1017, 1022.) Respondent’s Motion to Augment the Record or, in the Alternative, to Take Judicial Notice Respondent filed a motion requesting that this court augment the record to include two documents. The first is a…