Is a District Court order dismissing the complaint and not the action a final and appealable order?

1 Generally, an order dismissing the complaint and not the action is not a final appealable order. Gerritsen v. de la Madrid Hurtado, 819 F.2d 1511, 1514 (9th Cir.1987). However, if it appears that the district court intended to dispose of the entire action, it may be considered final and appealable. Id. If it is apparent that the district court believed that amendment of the complaint would be futile, an order dismissing the complaint may be considered final. Id. Here, the district court had given Marts one opportunity to amend. Because it is apparent that the district court believed further amendment would be futile, we treat the order dismissing the amended complaint as a final appealable order.