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HEIMBERGER v. CITY OF FAIRFIELD

Docket No. 34428.

44 Cal.App.3d 711 (1975)

117 Cal. Rptr. 482

DONALD HEIMBERGER, Plaintiff and Appellant, v. CITY OF FAIRFIELD, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

January 20, 1975.

Attorney(s) appearing for the Case

COUNSEL

Casper Lucchesi & Harrison and David P. Lucchesi for Plaintiff and Appellant.

Goodman, Herbert & Lucas and Dennis Bunting for Defendant and Respondent.

OPINION

CHRISTIAN, J.

Donald Heimberger purportedly appeals after the court sustained, without leave to amend, the general demurrer of respondent City of Fairfield to appellant's first amended complaint. (1) The record on appeal does not include a judgment of dismissal; an order sustaining a demurrer is not appealable. (3 Witkin, Cal. Procedure (2d ed. 1971) Pleading, §§ 843, 850, pp. 2448-2449, 2453.) However...

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