Continental Casualty Co. v. Rizzio Truck Co.

California Court of Appeal

Continental Casualty Co. v. Rizzio Truck Co.

217 Cal. App. 2d 771

CourtCalifornia Court of Appeal

DecidedJune 28, 1963

DocketCiv. No. 26317

StatusPublished

Cited by1 cases

This text of 217 Cal. App. 2d 771 (Continental Casualty Co. v. Rizzio Truck Co.) 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

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

Pincite

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.

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