Legal Opinion
Walters v. County of Plumas
California Court of Appeal
Decided August 24, 1976No. Civ. 15757PublishedCited by 19 opinions
1Opinion of the Court
Opinion
PARAS, J.
Plaintiff appeals from an “Order Granting Dismissal of Complaint” filed August 21, 1975. This order is not appealable. (Code Civ. Proc., § 904.1.) No judgment was entered following the August 21, 1975, order, so the appeal is technically premature. Nevertheless, it is clear that the order was intended to be a final disposition of the controversy, and it is signed by the court. Accordingly, on our own motion we treat it as a final judgment. (Martino v. Concord Community Hosp. Dist. (1965) 233 Cal.App.2d 51 [43 Cal.Rptr. 255]; 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 69,…
2Cases cited4 opinions
- City of Ontario v. Superior CourtCalifornia Supreme Court · 1970
- Martino v. Concord Community Hospital DistrictCalifornia Court of Appeal · 1965
- Smith v. Mt. Diablo Unified School DistrictCalifornia Court of Appeal · 1976
- Phillips v. SeelyCalifornia Court of Appeal · 1974
3Cited by19 opinions
- Friedland v. City of Long BeachCalifornia Court of Appeal · 1998
- Kaatz v. CITY OF SEASIDECalifornia Court of Appeal · 2006
- McLeod v. Vista Unified School DistrictCalifornia Court of Appeal · 2008
- Committee for a Progressive Gilroy v. State Water Resouces Control BoardCalifornia Court of Appeal · 1987
- Graydon v. Pasadena Redevelopment AgencyCalifornia Court of Appeal · 1980
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