Sierra v. Melbostad
Filed 6/25/13 Sierra v. Melbostad CA1/1
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST
APPELLATE DISTRICT
DIVISION
ONE
REGULO
SIERRA,
Plaintiff and Appellant,
v.
PAUL H.
MELBOSTAD et al.,
Defendants and Respondents.
A135899
(San
Francisco City
& County
Super. Ct.
No. CGC-11-516154)
Plaintiff Regulo Sierra sued
his former attorneys, defendants Paul H. Melbostad and his law firm, for
demurrer to plaintiff’s first amended complaint without leave to amend on the
ground the malpractice claims were time-barred.
Plaintiff,
in pro. per. both here and below, purports to appeal from (1) the order
sustaining the demurrer without leave to amend and (2) an order denying
reconsideration of that order.
Neither order is appealable. (Nowlon
v. Koram Ins. Center, Inc. (1991) 1 Cal.App.4th 1437, 1440;
Cal.App.4th 1448, 1458–1459; 9 Witkin, Cal. Procedure (5th ed. 2008) Appeal,
§ 154, pp. 230–231, § 165, pp. 241–242.) Accordingly, we hereby dismiss this appeal.
______________________
Sepulveda, J.*
We concur:
______________________
Dondero, Acting P.J.
______________________
Banke, J.
* Retired Associate Justice of
the Court of Appeal, First Appellate District, Division Four, assigned by the
Chief Justice pursuant to article VI, section 6 of the California Constitution.
name="_ftn1" title="">[1] We
use the memorandum opinion format pursuant to California Standards of Judicial
Administration, section 8.1.
name="_ftn2" title="">[2] We
resolve this appeal without oral argument because we are not deciding it on the
merits. (See Moles v. Regents of University of California (1982) 32 Cal.3d 867,
871.)
