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uncle

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What is the name of your state? California


Does anyone know if you can file an appeal to a demurrer that was overruled?
 


I AM ALWAYS LIABLE

Senior Member
uncle said:
What is the name of your state? California


Does anyone know if you can file an appeal to a demurrer that was overruled?

My response:

The sustaining of a demurrer is not an appealable order. An appeal from a demurrer ruling must wait until the balance of the action has terminated. Then an appeal can be filed.

However, if you have NEW facts that, if known and presented at the original hearing, would have sustained the demurrer, you can file a Motion for Reconsideration with the same judge, under Code of Civil Procedure section 1008(a).

IAAL
 
Last edited:

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