Legal Opinion
Beazell v. Schrader
California Court of Appeal
Decided July 16, 1962No. Civ. No. 26165Published
1Opinion of the CourtBurke, P. J.
Plaintiff purports to appeal from an order sustaining without leave to amend defendant’s demurrer to a first amended complaint.
On November 3, 1961, a minute order was entered sustaining defendant’s demurrer to first amended complaint without leave to amend for failure to state a cause of action within the jurisdiction of the superior court. No judgment thereon has been entered.
*674[ 1 ] It is well settled that an order sustaining a demurrer without leave to amend is not an appealable order or a final judgment. A reviewing court does not have jurisdiction to review an appeal of this type.…
2Cases cited4 opinions
- Schmidt v. TownsendCalifornia Court of Appeal · 1951
- Futlick v. F. W. Woolworth Co.California Court of Appeal · 1957
- Tellefsen v. Key System Transit LinesCalifornia Court of Appeal · 1960
- Tellefsen v. Key System Transit LinesCalifornia Court of Appeal · 1960