Continental Casualty Co. v. Rizzio Truck Co.

California Court of Appeal

Continental Casualty Co. v. Rizzio Truck Co.

217 Cal. App. 2d 771

California Court of Appeal·Decided June 28, 1963·No. Civ. No. 26317·Published·Cited by 1 cases

Opinion

FILES, J.

Plaintiff’s notice of appeal states that plaintiff appeals “from the judgment of the above captioned court sustaining defendants’ demurrer to plaintiff’s complaint on the 7th day of December, 1961. ’ ’

The record on appeal contains a minute order dated December 7, 1961, whereby the demurrer of one defendant was sustained with leave to amend within 10 days. There is no judgment. The order sustaining the demurrer is not appealable, and this court has no choice but to dismiss the appeal. (Curnutt v. Holk, 203 Cal.App.2d 6 [21 Cal.Rptr. 224].)

The appeal is dismissed.

Shinn, P. J., and Ford, J., concurred.

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FILES, J.

Plaintiff’s notice of appeal states that plaintiff appeals “from the judgment of the above captioned court sustaining defendants’ demurrer to plaintiff’s complaint on the 7th day of December, 1961. ’ ’

The record on appeal contains a minute order dated December 7, 1961, whereby the demurrer of one defendant was sustained with leave to amend within 10 days. There is no judgment. The order sustaining the demurrer is not appealable, and this court has no choice but to dismiss the appeal. (Curnutt v. Holk, 203 Cal.App.2d 6 [21 Cal.Rptr. 224].)

The appeal is dismissed.

Shinn, P. J., and Ford, J., concurred.

Continental Casualty Co. v. Rizzio Truck Co., 217 Cal. App. 2d 771 (Cal. Ct. App. 1963).

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Opinion

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