Legal Question in Appeals and Writs in California

Re: Is a sustained demurrer without leave to amend Appealable

If the judge sustained the demurrer as to all causes of action and if there is no cross-complaint pending against you, then it is an appealable order.

Even if the order is not appealable for some reason which your factual summary did not reveal, you can still ask the appellate court to review it by bringing a petition for a writ of mandate. The appellate court must consider all appeals properly before it, but it can -- and usually does -- decline to consider writ petitions.

Re: Is a sustained demurrer without leave to amend Appealable

If your reply was timely filed, a motion for reconsideration may be the thing to do. Or, if for a number of reasons your lawyer decides not to do that, or a motion for relief (sec. 473), or a new trial,then an appeal is the next step. But it is generally best to try and get trial court errors fixed in the trial court.

If there are no further trial court motions, then the defendant must provide an order of dismissal, unless the minute order sustaining the demurrer already so provides. Have your lawyer get a copy immediately and read it. If the defendant does not do the order, then your lawyer should do one. The order of dismissal is what is appealable, as a technical matter. Do all of the procedural steps as the court of appeal will view your appeal in a more favorable light if you have crossed all of the "t"s and dotted all the "i"s.

Re: Is a sustained demurrer without leave to amend Appealable

not reading your reply is probably not a reason that would warrant granting an appeal. The other issues implied are not addressed here. Let us know if you need more.