BRAY, P.J.
Plaintiff purports to appeal from an order sustaining without leave to amend defendant's demurrer to his first amended complaint.
On January 26, 1959, a minute order was entered stating: "The Court being fully advised orders that the demurrer to the complaint be and the same is hereby sustained, without leave to amend." No judgment thereon has been entered.
[1] It is well settled that an order sustaining a demurrer without leave to amend is not an appealable order or a final judgment, and that a reviewing court does not have jurisdiction to review an appeal of this type. ( Futlick v. F.W. Woolworth Co., 149 Cal.App.2d 296, 298 [ 308 P.2d 405]; Schmidt v. Townsend, 103 Cal.App.2d 185, 186-187 [ 229 P.2d 488]; Brown v. Mayor City Council, 174 Cal.App.2d 763 [ 345 P.2d 75]; see also 3 Witkin, California Procedure, § 19, p. 2162.)
The purported appeal is dismissed.
Tobriner, J., and Duniway, J., concurred.