Gong v. Firemen's Insurance

This is an action to recover on a fire insurance policy. Plaintiff’s notice of appeal is from a judgment entered on a defense verdict. His briefs present an appeal from the order denying his motion for new trial. Defendant tacitly agrees with this view by urging that the ruling on the motion for new trial was proper.

An order denying a motion for new trial is nonappealable (Code Civ. Proc., § 963; Rodrigues v. Barnett, 52 Cal.2d 154, 156 [338 P.2d 907]) and is reviewable only through an appeal from the judgment (Hamasaki v. Flotho, 39 Cal.2d 602, 608 [248 P.2d 910]). We interpret the briefs as…