Chas. L. Harney, Inc. v. State of California

The sole question for our determination on this appeal is whether the instant action brought on a claim against the state for work done and materials furnished for a highway project is barred by the provisions of section 644 of the Government Code. The court below concluded that it was. Plaintiff appeals from an order sustaining a demurrer to its second amended complaint without leave to amend and from the judgment of dismissal entered thereon. “ An order sustaining a demurrer without leave to amend is nonappealable, and the appeal must be taken from the ensuing judgment.” (Lavine v. Jessup…