Parris v. Cave

Opinion

SIMS, J.

In this case we hold that service by defendant’s attorneys of a file-stamped copy of a formal order sustaining a demurrer with leave to amend constitutes lawful service of notice of the order pursuant to Code of Civil Procedure section 472b.

Plaintiffs appeal the dismissal of their complaint against defendant Reece Cave.

Defendant filed a demurrer to plaintiffs’ second amended complaint. Before the hearing on the demurrer, plaintiffs’ attorney sent a letter to the trial court stipulating that the demurrer should be sustained with 30 days leave to amend on the condition that…