Bullock

Filed 5/6/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

ANNETTE BULLOCK et al., Plaintiffs and Appellants, A161029 v. CITY OF ANTIOCH, (Contra Costa County Defendant and Respondent. Super. Ct. No. MSC19-01331)

Plaintiffs, retired employees of the City of Antioch (City), appeal from an order sustaining the City’s demurrer to plaintiffs’ second amended complaint without leave to amend.1 We review the decision de novo and find the trial court erred in sustaining the demurrer based upon collateral estoppel, also known as issue preclusion.2 We reverse and remand.

1 The general rule is that an order sustaining a demurrer without leave to amend is not appealable, but a party may appeal from the entry of dismissal after such order. (Melton v. Boustred (2010) 183 Cal.App.4th 521, 527–528, fn. 1.) Here, no judgment of dismissal is in the record. However, “ ‘when the trial court has sustained a demurrer [without leave to amend] to all of the complaint’s causes of action, appellate courts may deem the order to incorporate a judgment of dismissal, since all that is left…