Legal Opinion
Payne v. Rader
California Court of Appeal
Decided November 4, 2008No. C055242PublishedCited by 22 opinions
1Opinion of the Court
Opinion
BUTZ, J.
Plaintiff William C. Payne appeals from (1) a judgment of dismissal entered after a demurrer to his amended complaint was sustained without leave to amend, and (2) a postjudgment order denying plaintiff’s motion to vacate the dismissal pursuant to Code of Civil Procedure section 663.
For reasons we will explain, the appeal from the judgment of dismissal is untimely, and no appeal lies from the order denying Payne’s section 663 motion. Hence, we shall dismiss both appeals.
PROCEDURAL HISTORY
On September 21, 2006, Payne filed an amended complaint for damages, indemnity and other…
2Cases cited12 opinions
- Lakin v. Watkins Associated IndustriesCalifornia Supreme Court · 1993
- Mercer v. PerezCalifornia Supreme Court · 1968
- County of Alameda v. CarlesonCalifornia Supreme Court · 1971
- Hollister Convalescent Hospital, Inc. v. RicoCalifornia Supreme Court · 1975
- Estate of Hanley v. HanleyCalifornia Supreme Court · 1943
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3Cited by22 opinions
- Hearn v. HowardCalifornia Court of Appeal · 2009
- Ryan v. RosenfeldCalifornia Supreme Court · 2017
- Branner v. Regents of University of CaliforniaCalifornia Court of Appeal · 2009
- Collins v. Sutter Memorial HospitalCalifornia Court of Appeal · 2011
- MALATKA v. HelmCalifornia Court of Appeal · 2010
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