McMillin v. Ventura Savings & Loan Ass'n

California Court of Appeal

McMillin v. Ventura Savings & Loan Ass'n

15 Cal. App. 3d 588, 93 Cal. Rptr. 359, 1971 Cal. App. LEXIS 925

CourtCalifornia Court of Appeal

DecidedFebruary 24, 1971

DocketCiv. 37029

StatusPublished

Cited by2 cases

This text of 15 Cal. App. 3d 588 (McMillin v. Ventura Savings & Loan Ass'n) 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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McMillin v. Ventura Savings & Loan Ass'n, 15 Cal. App. 3d 588, 93 Cal. Rptr. 359, 1971 Cal. App. LEXIS 925 (Cal. Ct. App. 1971).

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Opinion

COBEY, Acting P. J.

This appeal is from a judgment of dismissal of the second cause of action of the second amended complaint made and entered pursuant to Code of Civil Procedure sections 581, subdivision 3 and 581d. The dismissal was made by the court on motion of two of the defendants after their general demurrer to this cause of action against them alone had been sustained with leave to amend and plaintiffs had failed to amend their complaint within the time allowed by the court. There remained pending against these demurring defendants, however, and against another defendant as well the first cause of action of the second amended complaint. There also remained pending against the third defendant alone the third cause of action.

This appeal must be dismissed because it has been taken from a nonappealable interlocutory judgment and not from a final judgment. (See Code Civ. Proc., §§ 904, 904.1, subd. (a); Mather v. Mather, 5 Cal.2d 617, 618 [55 P.2d 74]; Gombos v. Ashe, 158 Cal.App.2d 517, 520-523 [322 P.2d 933]; Daniels v. Daniels, 136 Cal.App.2d 224, 227 [288 P.2d 910]; Johnson v. Master Fan Corp., 181 Cal.App.2d 569, 570, 572 [5 Cal.Rptr. 187].) The judgment under appeal disposed of but one cause of action in a complaint containing three causes of action.

The appeal is dismissed.

Schweitzer, J., and Allport, J., concurred.

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Opinion

COBEY, Acting P. J.

This appeal is from a judgment of dismissal of the second cause of action of the second amended complaint made and entered pursuant to Code of Civil Procedure sections 581, subdivision 3 and 581d. The dismissal was made by the court on motion of two of the defendants after their general demurrer to this cause of action against them alone had been sustained with leave to amend and plaintiffs had failed to amend their complaint within the time allowed by the court. There remained pending against these demurring defendants, however, and against another defendant as well the first cause of action of the second amended complaint. There also remained pending against the third defendant alone the third cause of action.

This appeal must be dismissed because it has been taken from a nonappealable interlocutory judgment and not from a final judgment. (See Code Civ. Proc., §§ 904, 904.1, subd. (a); Mather v. Mather, 5 Cal.2d 617, 618 [55 P.2d 74]; Gombos v. Ashe, 158 Cal.App.2d 517, 520-523 [322 P.2d 933]; Daniels v. Daniels, 136 Cal.App.2d 224, 227 [288 P.2d 910]; Johnson v. Master Fan Corp., 181 Cal.App.2d 569, 570, 572 [5 Cal.Rptr. 187].) The judgment under appeal disposed of but one cause of action in a complaint containing three causes of action.

The appeal is dismissed.

Schweitzer, J., and Allport, J., concurred.

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15 Cal. App. 3d 588, 93 Cal. Rptr. 359, 1971 Cal. App. LEXIS 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillin-v-ventura-savings-loan-assn-calctapp-1971.

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