Tellefsen v. Key System Transit Lines

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[Civ. No. 18797. First Dist., Div. One. Dec. 2, 1960.]

LEO TELLEFSEN, Appellant, v. KEY SYSTEM TRANSIT LINES (a Corporation), Respondent.


T. G. Fitzgerald for Appellant.

Hardin, Fletcher, Cook & Hayes and Cyril Viadro 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 stating: "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.

[1] It is well settled that an order sustaining a demurrer without leave to amend is not an appealable order or a final [187 Cal. App. 2d 45] 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 & City Council, 174 Cal. App. 2d 763 [345 P.2d 75]; see also 3 Witkin, California Procedure, ยง 19, p. 2162.)

The purported appeal is dismissed.

Tobriner, J., and Duniway, J., concurred.

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