What is the test for an appeal from a non-appealable order of dismissal?
California, United States of America
The following excerpt is from Kimberly M. v. Los Angeles Unified School Dist., 215 Cal.App.3d 545, 263 Cal.Rptr. 612 (Cal. App. 1989):
1 In our original opinion, we noted that although plaintiff appealed from a non-appealable order (sustaining the demurrer without leave to amend), we construed the appeal to be from an appealable order of dismissal. (Diaz v. United California Bank (1977) 71 Cal.App.3d 161, 166, 139 Cal.Rptr. 314.) We further noted that although the order of dismissal was not contained in the record on appeal, both parties agreed that it had been filed.
2 Government Code section 815.2, subdivision (a) provides that:
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