Brunson v. Santa Monica

California Court of Appeal

Brunson v. Santa Monica

143 P. 792, 25 Cal. App. 383, 1914 Cal. App. LEXIS 248

CourtCalifornia Court of Appeal

DecidedSeptember 8, 1914

DocketCiv. No. 1495.

StatusPublished

Cited by1 cases

This text of 143 P. 792 (Brunson v. 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.

Bluebook

Brunson v. Santa Monica, 143 P. 792, 25 Cal. App. 383, 1914 Cal. App. LEXIS 248 (Cal. Ct. App. 1914).

Pincite

Opinion

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.

*Page 384

Free access — add to your briefcase to read the full text and ask questions with AI

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.

*Page 384

Cite This Page — Counsel Stack

Bluebook (online)

143 P. 792, 25 Cal. App. 383, 1914 Cal. App. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brunson-v-santa-monica-calctapp-1914.

Opinion

Related

Cite This Page — Counsel Stack