Beazell v. Schrader
| Decision Date | 16 July 1962 |
| Citation | 23 Cal.Rptr. 189,205 Cal.App.2d 673 |
| Parties | Howard L. BEAZELL, Plaintiff and Appellant, v. Eugene SCHRADER, Defendant and Respondent. Civ. 26165. |
| Court | California Court of Appeals Court of Appeals |
Milton Zerin, Beverly Hills, for plaintiff and appellant.
Thomas E. Garcin, Sherman Oaks, for defendant and respondent.
Plaintiff purports to appeal from an order sustaining without leave to amend defendant's demurrer to a first amended complaint.
On November 3, 1961, a minute order was entered sustaining defendant's demurrer to first amended complaint without leave to amend for failure to state a cause of action within the jurisdiction of the superior court. No judgment thereon has been entered.
It is well settled that an order sustaining a demurrer without leave to amend is not an appealable order or a final judgment. A reviewing court does not have jurisdiction to review an appeal of this type. (Tellefsen v. Key System Transit Lines, 187 Cal.App.2d 44, 9 Cal.Rptr. 299; Futlick v. F. W. Woolworth Co., 149 Cal.App.2d 296, 298, 308 P.2d 405; Schmidt v. Townsend, 103 Cal.App.2d 185, 186-187, 229 P.2d 488; see also 3 Witkin, Cal.Procedure, § 19, p. 2162.)
The purported appeal is dismissed.
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Molien v. Kaiser Foundation Hospitals
...of consortium. They correctly assert that such an order is neither appealable per se nor as a final judgment. (Beazell v. Schrader (1962) 205 Cal.App.2d 673, 674, 23 Cal.Rptr. 189.) Plaintiff responds, however, that "in the interest of justice and to prevent further delay" an appellate cour......
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California State Employees' Assn. v. Flournoy
...demurrers is not appealable and the purported appeal therefrom must be dismissed. (Code Civ.Proc., § 904.1; Beazell v. Schrader, 205 Cal.App.2d 673, 674, 23 Cal.Rptr. 189.) Petitioners contend that each of their six causes of action alleges facts sufficient to constitute a cause of action, ......
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Molien v. Kaiser Foundation Hospitals
...It would be proper to dismiss the appeal as to the cause of action which was omitted from the judgment (see Beazell v. Schrader (1962) 205 Cal.App.2d 673, 23 Cal.Rptr. 189). But one cause of action would remain for consideration by this court, and dismissal of the appeal as to the other cau......
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Munoz v. Davis
... ... Beazell v. Schrader (1962) 205 Cal.App.2d 673, 674, 23 Cal.Rptr ... Page 408 ... 189.) It does not appear from the record on appeal or from the ... ...