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87 Cal. App. 2d 534

Carpenter v. Fitch

California Court of Appeal

Decided September 13, 1948

California Court of Appeal · decided 1948-09-13

Relies on 1 Cal. App. 2d 496 - Ross v. O'BRIEN · 61 Cal. App. 2d 704 - Pulvermacher v. Los Angeles Co-Ordinating Committee for Aid to Jewish Refugees · 125 Cal. App. 489 - Braren v. Reliable Carpet Works, Inc.

Decided 1948-09-13

WOOD, J.

¶1Plaintiff appeals from the judgment and from the order sustaining a demurrer to the second amended complaint without leave to amend.

¶2No judgment was made or entered in the above entitled action, and of course there was no judgment from which an appeal could be taken. The trial court made an order sustaining defendants’ demurrer to the second amended complaint without leave to amend. Such an order is not appealable. (Code Civ. Proc., § 963; Braren v. Reliable Carpet Wks., Inc., 125 Cal.App. 489, 491 [13 P.2d 972]; Ross v. O’Brien, 1 Cal. App.2d 496, 498 [36 P.2d 1108]; Pulvermacher v. Los Angeles Co-Ordinating Com., 61 Cal.App.2d 704, 711 [143 P.2d 974].) The method of reviewing such a ruling on demurrer is by way of appeal from the judgment thereafter entered in the action. (Braren v. Reliable Carpet Wks., Inc., supra, p. 491.)

¶3The appeal is dismissed.

¶4Shinn, P. J., and Vallée, J., concurred.

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