Tellefsen v. Key System Transit Lines
| Decision Date | 02 December 1960 |
| Docket Number | No. 18797,18797 |
| Citation | 9 Cal.Rptr. 299,187 Cal.App.2d 44 |
| Court | California Court of Appeals Court of Appeals |
| Parties | Leo TELLEFSEN, Plaintiff and Appellant, v. KEY SYSTEM TRANSIT LINES, a corporation, Defendant and Respondent. |
T. G. Fitzgerald, San Rafael, for appellant.
Hardin, Fletcher, Cook & Hayes, Oakland (Cyril Viadro, San Francisco, of counsel), for respondent.
Plaintiff purports to appeal from an order sustaining without leave to amend defendant's demurrer to his first amended complaint.
On January 26, 1959, a minute order was entered statind: 'The Court being fully advised orders that the demurrer to the complaint be and the same is hereby sustained, without leave to amend.' 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, and that a reviewing court does not have jurisdiction to review an appeal of this type. 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; Brown v. Mayor and City Council, 174 Cal.App.2d 763, 345 P.2d 75; see also 3 Witkin, California Procedure, p. 2162, § 19.
The purported appeal is dismissed.
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Beazell v. Schrader
...as applying to the dismissal. The order insofar as it sustains the demurrer, of course, is nonappealable. (Tellefsen v. Key System Transit Lines, 187 Cal.App.2d 44, 9 Cal.Rptr. 299.) There is no dispute that plaintiff is entitled to the $2,500, which amount is below the jurisdictional limit......
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Southwest Paving Co. v. Stone Hills
...without leave to amend. This is not an appealable order. (Lavine v. Jessup, 48 Cal.2d 611, 614, 311 P.2d 8; Tellefsen v. Key System Transit Lines, 187 Cal.App.2d 44, 9 Cal.Rptr. 299.) The judgment is reversed. The purported appeal from the order is ASHBURN and HERNDON, JJ., concur. 1 Sectio......
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Beazell v. Schrader
...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 18......
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Tellefsen v. Key System Transit Lines
...concur. 1 Plaintiff purported to appeal from the order sustaining demurrer. That appeal was dismissed. (See Tellefsen v. Key System Transit Lines, 187 Cal.App.2d 44, 9 Cal.Rptr. 299.)2 After the determination of the appeal, the judgment was paid.3 See Tellefsen v. Key System Transit Lines (......