Curnutt v. Holk
| Decision Date | 26 April 1962 |
| Citation | 203 Cal.App.2d 6,21 Cal.Rptr. 224 |
| Court | California Court of Appeals Court of Appeals |
| Parties | James L. CURNUTT, Plaintiff and Appellant, v. Herbert C. HOLK, Defendant and Respondent. Civ. 25473. |
Paul S. Garstang, Santa Maria, for appellant.
Parker, Stanbury, Reese & McGee and Daren T. Johnson, Los Angeles, for respondent.
Plaintiff has attempted to appeal from an order sustaining a demurrer to the complaint without leave to amend. That order is not appealable. (Cole v. Rush, 40 Cal.2d 178, 252 P.2d 1.) A notice of appeal from such a nonappealable order may be liberally construed as an appeal from the judgment if there is a judgment. (Evola v. Wendt Construction Co., 158 Cal.App.2d 658, 323 P.2d 158; Smith v. Smith, 126 Cal.App.2d 194, 272 P.2d 118; Crane v. Livingston, 98 Cal.App.2d 699, 220 P.2d 744.) The record here contains a document signed by the trial judge entitled 'Order Sustaining Demurrer' which orders that 'the above action be and the same is hereby dismissed.' This document would constitute a judgment if entered in the judgment book, but the record shows no such entry. 'In no case is a judgment effectual for any purpose until entered.' (Code Civ.Proc. § 664.) Prior to entry there is no assurance that the trial judge may not reconsider his decision. (Phillips v. Phillips, 41 Cal.2d 869, 874, 264 P.2d 926; Adoption of Bird, 183 Cal.App.2d 140, 144, 6 Cal.Rptr. 675.)
The appeal is dismissed.
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Leh v. General Petroleum Corporation
...Corp. (1960) 186 C.A.2d 325, 8 Cal.Rptr. 908; Carley v. City of Santa Rosa (1957) 154 C.A.2d 214, 315 P.2d 905; Curnutt v. Holk (1962) 203 A.C.A. 6 203 C.A.2d 6, 21 Cal.Rptr. 224; Phillips v. Phillips (1953) 41 Cal.2d 869, 874, 264 P.2d 926; Grable v. Citizens Nat. Trust & Sav. Bank (1958) ......
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Hayter Trucking, Inc. v. Shell Western E&P, Inc.
...a demurrer without leave to amend is nonappealable. (Lavine v. Jessup (1957) 48 Cal.2d 611, 614, 311 P.2d 8; Curnutt v. Holk (1962) 203 Cal.App.2d 6, 7, 21 Cal.Rptr. 224.) Courts are split as to whether an order denying a motion for reconsideration (Code Civ.Proc., § 1008) is appealable. (E......
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Jackson v. Teachers Ins. Co.
...demurrers. It is well settled that such orders are nonappealable pursuant to Code of Civil Procedure section 904.1. (Curnutt v. Holk, 203 Cal.App.2d 6, 21 Cal.Rptr. 224; People ex rel. Dept. Pub. Wks. v. Clausen, 248 Cal.App.2d 770, 57 Cal.Rptr. 227; Amerson v. Christman, 261 Cal.App.2d 811......
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Zappas v. King Williams Press, Inc.
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