MARTINSEN v. FORD MOTOR CO (1934)

District Court of Appeal, Second District, Division 2, California.

MARTINSEN et al. v. FORD MOTOR CO. et al.

Civ. 8562.

Decided: September 19, 1934

Charles Rollinson and William E. Reiley, both of Los Angeles, for appellants. Williamson & Wallace, of San Francisco, for respondents.

Defendants' demurrers to plaintiffs' second amended complaint were sustained without leave to amend on May 24, 1932. On May 27 plaintiffs gave notice of appeal “from the ruling of the court in sustaining demurrers of defendants to second amended complaint without leave to amend.” On May 31 the trial judge signed the judgment in favor of defendants. On June 2 plaintiffs again gave notice of appeal, not from the judgment, but from the ruling sustaining the demurrers.

Following the filing of briefs herein, respondents moved to dismiss the appeal on the ground that it was taken from a nonappealable order.

“An order sustaining a demurrer without leave to amend is not appealable.” Christensen v. Lucerne Holding Co., 134 Cal. App. 215, 25 P.(2d) 261; Sturgeon v. City of Hawthorne, 106 Cal. App. 352, 289 P. 229; Cornic v. Stewart, 179 Cal. 242, 176 P. 164; Code Civ. Proc. § 963.

Appeal dismissed.

SCOTT, Justice pro tem.

We concur: CRAIG, Acting P. J.; DESMOND, J.

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