B.F.G. Builders v. Weisner & Coover Co.

The cross-complainant appeals from a judgment of dismissal entered by the trial court after granting a motion to strike the entire first amended cross-complaint. As the cross-defendant is a party to the action only by virtue of the cross-complaint, the ruling completely eliminates it from the case, and consequently there is a right to appeal from the order at this stage of the litigation. (People v. Buellton Dev. Co., 58 Cal.App.2d 178, 181 [136 P.2d 793]; Howe v. Key System Transit Co., 198 Cal. 525, 533 [246 P. 39]; American Can Co. v. City & County of San Francisco, 202 Cal.App.2d 520, 522…