Thomas v. Olin Mathieson Chemical Corp.

Defendant’s demurrer to plaintiff’s first amended complaint was sustained without leave to amend. Plaintiff appealed “from the order of the above-entitled Court filed on May 12, 1966, sustaining without leave to amend the demurrer of said defendant. ’' The Notice of Ruling on Demurrer signed May 16, 1966, recites that an Order of Dismissal was signed and filed on May 12, 1966, and respondent concedes that that is a fact. We treat the notice of appeal as applying to the final judgment.

Plaintiff’s first amended complaint alleged, in the first count: that defendant, 1 a corporation in…