Tellefsen v. Key System Transit Lines

California Court of Appeal

Tellefsen v. Key System Transit Lines

187 Cal. App. 2d 44, 9 Cal. Rptr. 299, 1960 Cal. App. LEXIS 1353

CourtCalifornia Court of Appeal

DecidedDecember 2, 1960

DocketCiv. No. 18797

StatusPublished

Cited by8 cases

This text of 187 Cal. App. 2d 44 (Tellefsen v. Key System Transit Lines) 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

Tellefsen v. Key System Transit Lines, 187 Cal. App. 2d 44, 9 Cal. Rptr. 299, 1960 Cal. App. LEXIS 1353 (Cal. Ct. App. 1960).

Pincite

Opinion

BRAY, P. J.

Plaintiff purports to appeal from an order sustaining without leave to amend defendant’s demurrer to his first amended complaint.

On January 26, 1959, a minute order was entered stating: “The Court being fully advised orders that the demurrer to the complaint be and the same is hereby sustained, without leave to amend.’’ No judgment thereon has been entered.

It is well settled that an order sustaining a demurrer without leave to amend is not an appealable order or a final [45]*45judgment, and that a reviewing court does not have jurisdiction to review an appeal of this type. (Futlick v. F. W. Woolworth Co., 149 Cal.App.2d 296, 298 [308 P.2d 405]; Schmidt v. Townsend, 103 Cal.App.2d 185, 186-187 [229 P.2d 488] ; Brown v. Mayor & City Council, 174 Cal.App.2d 763 [345 P.2d 75] ; see also 3 Within, California Procedure, § 19, p. 2162.)

The purported appeal is dismissed.

Tobriner, J., and Duniway, J., concurred.

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