Brunson v. City of Santa Monica

California Court of Appeal

Brunson v. City of Santa Monica

25 Cal. App. 383

CourtCalifornia Court of Appeal

DecidedSeptember 8, 1914

DocketCiv. No. 1495

StatusPublished

This text of 25 Cal. App. 383 (Brunson v. City of Santa Monica) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brunson v. City of Santa Monica, 25 Cal. App. 383 (Cal. Ct. App. 1914).

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Opinion

SHAW, J.

The appeal is from “the whole of that certain order made and entered in this action by said court on the twenty-ninth day of December, 1913, sustaining the defendant’s demurrer to plaintiff’s amended complaint on file herein, without leave to amend.” No appeal lies from an order sustaining a demurrer without leave to amend. (Code Civ. Proc., sec. 963.) “The only method of review of such proceedings here is through an appeal from the final judgment thereafter entered in the action itself, if such judgment be unfavorable.” (Ashley v. Olmsted, 54 Cal. 616; Agard v. Valencia, 39 Cal. 292; Hibberd v. Smith, 39 Cal. 145.) The record discloses no judgment entered in the action from which an appeal could be prosecuted.

The appeal purporting to have been taken from the order sustaining the demurrer is dismissed.

Conrey, P. J., and James, J., concurred.

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SHAW, J.

The appeal is from “the whole of that certain order made and entered in this action by said court on the twenty-ninth day of December, 1913, sustaining the defendant’s demurrer to plaintiff’s amended complaint on file herein, without leave to amend.” No appeal lies from an order sustaining a demurrer without leave to amend. (Code Civ. Proc., sec. 963.) “The only method of review of such proceedings here is through an appeal from the final judgment thereafter entered in the action itself, if such judgment be unfavorable.” (Ashley v. Olmsted, 54 Cal. 616; Agard v. Valencia, 39 Cal. 292; Hibberd v. Smith, 39 Cal. 145.) The record discloses no judgment entered in the action from which an appeal could be prosecuted.

The appeal purporting to have been taken from the order sustaining the demurrer is dismissed.

Conrey, P. J., and James, J., concurred.

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25 Cal. App. 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brunson-v-city-of-santa-monica-calctapp-1914.

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