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PAYNE v. RADER

No. C055242.

167 Cal.App.4th 1569 (2008)

WILLIAM C. PAYNE, Plaintiff and Appellant, v. RICHARD E. RADER et al., Defendants and Respondents.

Court of Appeals of California, Third District.

November 4, 2008.

Attorney(s) appearing for the Case

Law Offices of Wanland & Spaulding, Donald M. Wanland, Jr., and Matthew D. Pearson for Plaintiff and Appellant.

Schuering Zimmerman Scully Tweedy & Doyle, Leo H. Schuering, Jr., Glenn M. Holley and Aimee L. Clark for Defendants and Respondents.

OPINION

BUTZ, J.

Plaintiff William C. Payne appeals from (1) a judgment of dismissal entered after a demurrer to his amended complaint was sustained without leave to amend, and (2) a postjudgment order denying plaintiff's motion to vacate the dismissal pursuant to Code of Civil Procedure section 663.1

For reasons we will explain, the appeal from the judgment of dismissal is untimely, and no appeal lies from...

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