Dawson

STATEMENT OF THE CASE AND FACTS

Appellant, David Dawson, as Trustee in pro. per., filed a Petition for Writ of Mandamus and Order to Show Cause in the Fresno County Superior Court naming as defendant City of Fresno. The petition concerned the issuance of various administrative citations to appellant regarding violations of the City of Fresno Municipal Code. The City of Fresno filed an answer and a demurrer. On September 11, 2012, the superior court sustained the demurrer without leave to amend. Appellant filed a notice of appeal from the order sustaining the demurrer without leave to amend on November 7, 2012. According to the Fresno 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 appealable order. Appellant submitted a letter brief arguing the merits of the appeal. The letter brief failed to address the issue of appealability.

DISCUSSION

An order sustaining a demurrer, whether with or without leave to amend, is not appealable; appeal is proper only after entry of a dismissal on such an order. (Sisemore v. Master…