Beer v. Dept. Alcoholic Bev. Control
These two appeals are being considered together for purposes of oral argument and decision. In the first appeal, filed on October 9, 2013, Xiam Beer, a partnership, appeals from the June 25, 2013 order denying its fee waiver request and from the September 20, 2013 order striking it from the complaint due to nonpayment of fees. We dismiss that appeal as to the June 25, 2013 order denying the fee waiver request because it is not timely and affirm the September 20, 2013 order striking the complaint because Xiam Beer did not pay its fees. In the second appeal, filed on November 22, 2013, G. Gregory Williams and Pernplit Polpantu appeal from the judgment entered on October 31, 2013, after the trial court sustained without leave to amend the demurrer of the Department of Alcoholic Beverage Control (Department) and Melissa Beach. We conclude the demurrer was properly sustained and thus affirm the judgment. The November 22, 2013 notice of appeal also references two nonappealable orders dated October 11, 2103 and October 31, 2013. We, therefore, dismiss that appeal to the extent it is from those orders.