# Brown v. Mayor of Redlands

> California Court of Appeal · October 27, 1959 · 174 Cal. App. 2d 763

URL: https://www.frixlaw.com/law-library/cases/5658428

## Case

- **Full name:** WESLEY BROWN, JR. v. MAYOR AND CITY COUNCIL OF THE CITY OF REDLANDS
- **Court:** California Court of Appeal
- **Decided:** October 27, 1959
- **Citations:** 174 Cal. App. 2d 763; 345 P.2d 75; 1959 Cal. App. LEXIS 1765
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Griffin
- **Judges:** Griffin
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5658428

## Opinion text

GRIFFIN, P. J.
Petitioner here attempts to appeal from an order sustaining defendant’s demurrer to the first amended petition for writ of mandate without leave to amend that pleading. This is not an appealable order. It does not appear that a judgment was entered dismissing or otherwise disposing of the action. No such judgment is contained in the record on appeal.
It has been uniformly held 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 [ 308 P.2d 405 ]; Madsen *764 v. Turlock Irr. Dist., 56 Cal.App.2d 742 [ 133 P.2d 416 ]; Cole v. Rush, 40 Cal.2d 178 [ 252 P.2d 1 ].)
Appeal dismissed.
Shepard, J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5658428. Public record. Not legal advice.