Foster v. Sexton CA5
Plaintiff Ricky Tyrone Foster, a self-represented inmate, appeals from an order sustaining a demurrer with leave to amend. Such an order is not appealable. (Code Civ. Proc., § 904.1) As a general rule, appellate courts do not have jurisdiction to consider an appeal from a nonappealable order and, furthermore, have a duty to dismiss such an appeal on their own motion. (In re Mario C. (2004) 124 Cal.App.4th 1303, 1307.) As explained below, this general rule should be applied to the circumstances of this case.
We therefore dismiss the appeal on our own motion.
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