In a couple unpubs today, the Court of Appeal saves defective appeals from orders sustaining demurrers:
- "in the interest of judicial economy, we will construe the order sustaining the demurrer without leave to amend as a final appealable judgment. (Cardenas v. Horizon Senior Living, Inc. (2022) 78 Cal.App.5th 1065, 1069.)" [here]
- "The record is unclear whether any judgment was entered in this case. “[A]n order sustaining a demurrer without leave to amend is ordinarily not appealable since the order is not a final judgment.” (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 485, fn. 9.) No party raises the issue. “[I]n the interest of judicial economy, we shall deem the order to incorporate a judgment of dismissal.” (Smith v. Hopland Band of Pomo Indians (2002) 95 Cal.App.4th 1, 3, fn. 1.)" [here]
Another interesting appealability fight is here:
- "even if a portion of the judgment may be construed as an “order” denying injunctive relief, such order is not appealable under section 904.1(a)(6)"
But then see this unpub here.