MIRANDA v. SHELL OIL COMPANY (1992)

Prior report:  7 Cal.Rptr.2d 623.

Appellants and petitioners having conceded that the order denying summary adjudication from which they purported to appeal is not an appealable order (Code Civ.Proc., §§ 437c, subd. (1);  904.1;  Nye v. 20th Century Ins. Co. (1990) 225 Cal.App.3d 1041, 1043–1044, fn. 1, 275 Cal.Rptr. 319;  Barth–Wittmore Ins. v. H.R. Murphy Enterprises, Inc. (1985) 169 Cal.App.3d 124, 136, 214 Cal.Rptr. 894), it appears that the Court of Appeal lacked jurisdiction to entertain that appeal.   The cause is transferred to the Court of Appeal, Fifth Appellate District, with directions to vacate its judgment, dismiss defendant's appeal from the order denying summary adjudication, and reconsider its opinion.

The request of the National Agricultural Chemicals Association and Responsible Industry for a Sound Environment for leave to file a brief amicus curiae in support of appellants and petitioners is denied.

MOSK, PANELLI, ARABIAN, BAXTER and GEORGE, JJ., concur.