Legal Question in Civil Litigation in California

It depends on whether the demurrer is granted with or without leave to amend. If it is granted with leave to amend, it is a non-appealable order. Your remedy is to amend and go around again. If the demurrer was granted without leave to amend, then that is an appealable final decision on the case.

Assuming it is a final order, it can be appealed. Whether you would be successful depends on the specific facts.

Although the answers above are correct as far as they go, there is more to consider. The most important factor is whether the demurrer - with or without leave to amend - disposes of the entire action between the two parties. If it only disposes of one cause of action but there are other causes of action that survived the demurrer, you would have to wait until a final judgment on these other causes of action before appealing the statute of limitations issue.

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I agree with Mr. Fox, but with one important caveat. Even in the situation he describes, the order sustaining the demurrer would not be appealable. It would be followed by an order dismissing the case, though occasionally a single order does both of these things. You can appeal from the order of dismissal.

It is possible that a court would enter judgment for the defendant instead of simply dismissing the case. Such a judgment would also be appealable provided that the other requirements Mr. Fox listed have been met.

It may be appealable however, the pleadings and demurrer need to be reviewed to determine whether or not it is worth the expense. Contact me directly.

Your case may be appealable but generally speaking the Court of Appeals will defer to the trial court on factual issues such as the running of a statute of limitations. We would need to look very carefully at the facts of your case to see if an appeal would be likely to be successful. You should also keep in mind that you may have a statute of limitations with respect to your potential claims against your attorney if he missed a statute of limitations.

Jon Reich

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.