Court of Appeal of California, First District, Division TwoJun 9, 1953
118 Cal. App. 2d 391 (Cal. Ct. App. 1953)
118 Cal. App. 2d 391257 P.2d 674

Docket No. 15486.

June 9, 1953.

APPEAL from an order of the Superior Court of Contra Costa County sustaining a demurrer to second amended complaint without leave to amend. Harold Jacoby, Judge. Appeal dismissed.

E.A. Taliaferro, in pro. per., for Appellant.

Richard C. Johnston for Respondents.

[1] Plaintiff has attempted to appeal from a minute order and a written order subsequently signed by the trial judge sustaining a demurrer to his second amended complaint without leave to amend. No judgment appears in the record and since no appeal lies from an order sustaining demurrer the appeal must be dismissed. ( Cole v. Rush, 40 Cal.2d 178 [ 252 P.2d 1].)

Appeal dismissed.

Nourse, P.J., and McComb, J. assigned, concurred.