Wilson

STATEMENT OF THE CASE AND FACTS

Appellant, James Wilson, filed a first amended complaint in the Tulare County Superior Court naming as defendants Select Portfolio Servicing, Inc., et al. The complaint sought to set aside a trustee sale, cancel the trustee’s deed, quiet title and alleged breach of written agreement, breach of implied covenant of good faith and fair dealing and intentional misrepresentation. Defendants filed a demurrer to the complaint. On August 6, 2012, the superior court sustained the demurrer without leave to amend. Following the denial of a motion for reconsideration, on November 15, 2012, appellant filed a notice of appeal from the order sustaining the demurrer without leave to amend. According to the Tulare County Superior Court docket, no final judgment has been entered. This court issued a briefing order granting appellant time to explain why this court should not dismiss his appeal for lack of a judgment or an appealable order. Appellant submitted a letter brief asking this court to treat the order as appealable since all that is left to make the order appealable is the formality of the entry of a dismissal order or judgment. We decline to do…