Zulauf v. Thomas
Filed 6/28/06 Zulauf v. Thomas CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| MARVIN ZULAUF, Plaintiff and Appellant, v. JAMES THOMAS et al., Defendants and Respondents. | G035979 (Super. Ct. No. 05CC1959) O P I N I O N |
Appeal from orders of the Superior Court of Orange County, John M. Watson, Judge. Appeal dismissed.
Marvin Zulauf, in pro. per., for Plaintiff and Appellant.
Law Offices of Douglas J. Pettibone and Douglas J. Pettibone for Defendants and Respondents.
Martin Zulauf appeals from an order that sustained a demurrer, without leave to amend, to six of seven causes of action in his complaint, and from an order than denied a motion for reconsideration. The defendants are Zulauf's former tenants, James Thomas, Ruth Thomas, and James William Thomas, Jr. (collectively, Thomas). Zulauf argues the merits of the demurrer.
Thomas argues, correctly, that the orders are not appealable. An appeal lies only from a final judgment (Code Civ. Proc., § 904.1, subd, (a)) that disposes of all disputes raised in the lawsuit, subject to exceptions not applicable here. An order sustaining a demurrer is not appealable, the proper course being to raise the issue on an appeal from a final judgment of dismissal. (Kong v. City of Hawaiian Gardens Redevelopment Agency (2002) 108 Cal.App.4th 1028, fn. 1.) Nor is the order denying reconsideration appealable, since it no more amounts to a final judgment than the initial order sustaining the demurrer.[1]
Since there is no appealable order, the appeal must be dismissed. Respondent shall have costs on appeal.
BEDSWORTH, ACTING P. J.
WE CONCUR:
O'LEARY, J.
IKOLA, J.
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Analysis and review provided by Vista Apartment Manager Attorneys.
[1] We note Zulauf has separately appealed from a subsequent judgment for Thomas on the remaining cause of action (G036818). Neither the record nor briefs have been filed. That is the place for Zulauf to raise his claims regarding whether the demurrer should have been overruled, and he may wish to proceed accordingly in preparing the record and his brief.
