Legal Opinion

Oeth v. Mason

California Court of Appeal

Decided January 18, 1967No. Civ. 29025PublishedCited by 15 opinions

1Opinion of the CourtFiles, P. J.

This is an action to enforce two alleged trusts. The trial court made a minute order sustaining defendants’ demurrer to the second amended complaint without leave to amend and granting defendants’ motion to strike the same pleading, following which the court made its order of dismissal. Plaintiff is appealing from the dismissal. The notice of appeal also recites that plaintiff appeals from orders sustaining the demurrer and granting the motion to strike; but such orders are purely interlocutory and not appealable, and the purported appeal therefrom must be dismissed. (Curnutt v. Holk, 203…

2Cases cited17 opinions

  1. Brewer v. SimpsonCalifornia Supreme Court · 1960
  2. Bainbridge v. StonerCalifornia Supreme Court · 1940
  3. Flores v. ArroyoCalifornia Supreme Court · 1961
  4. Consolidated Reservoir & Power Co. v. ScarboroughCalifornia Supreme Court · 1932
  5. Chas. L. Harney, Inc. v. State of CaliforniaCalifornia Court of Appeal · 1963

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3Cited by15 opinions

  1. Timberidge Enterprises, Inc. v. City of Santa RosaCalifornia Court of Appeal · 1978
  2. McWilliams v. HoltonCalifornia Court of Appeal · 1967
  3. Zappas v. King Williams Press, Inc.California Court of Appeal · 1970
  4. National Automobile & Casualty Insurance v. PitchessCalifornia Court of Appeal · 1973
  5. Alex Bakalian v. Central Bank Rep. of TurkeyCourt of Appeals for the Ninth Circuit · 2019

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