TELLEFSEN v. KEY SYSTEM TRANSIT LINES (1960)

District Court of Appeal, First District, Division 1, California.

Leo TELLEFSEN, Plaintiff and Appellant, v. KEY SYSTEM TRANSIT LINES, a corporation, Defendant and Respondent.

No. 18797.

Decided: December 02, 1960

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.

BRAY, Presiding Justice.

TOBRINER and DUNIWAY, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network