Legal Question in Appeals and Writs in California

Re: sustain demurrer

An order sustaining a demurrer is not appealable; you must wait for the court to enter a dismissal (if the court denied you leave to amend) or an eventual judgment. (See Hill v. City of Long Beach (1995) 33 Cal.App.4th 1684, 1695.) But even if an appeal is technically available, some of the arguments you describe seem unlikely to work.

Ineffective assistance of counsel is a doctrine of criminal law. It does not apply in civil cases. If your lawyers messed up there are steps you can take in the trial court if you act quickly. The job of the appellate court is to correct mistakes made by the superior court judge, not by the parties or their lawyers.

Your argument that "the defendants that committed fraud against [you] are getting away" is basically a claim that the trial court accepted arguments it should have rejected. If you mean the ruling was factually incorrect then the appellate court isn't likely to get involved since it will not re-weigh evidence that the trial court has already weighed (though most demurrers do not involve evidentiary issues). If you mean the ruling was legally erroneous then the Court of Appeal may reverse.

The appellate process is complex. So is the process of trying to overcome errors while still in the trial court. Feel free to contact me directly if you are interested in retaining counsel to help you. I am a certified appellate specialist (per the State Bar of California's board of legal specialization) with many years of experience in the field.

Re: sustain demurrer

Sure, you can always appeal. The questions are: what is the likelihood of winning the appeal, and if you do, what do you achieve, and is it worth the cost of appeal? Appeals are very expensive and time consuming. If you lost the case and win the appeal, it means you get to re-try the case, at whatever cost that is. If you're serious and willing to fund an appeal, feel free to contact me.