Avina v. Gerro
Appellant Sal Avina appeals from judgments entered against him in the two actions brought against respondent, attorney John M. Gerro. The first action -- for attorney malpractice -- ended in summary judgment. The second action, alleging breach of contract, fraud, negligent misrepresentation, and breach of fiduciary duty, ended in a judgment of dismissal after the trial court sustained respondents demurrer without leave to amend, on the ground that the judgment in the first action barred the second. Court consider the two appeals together for purposes of oral argument and decision. In appeal case No. B204350 (the first action), we find no triable issue of fact as to causation, and affirm the summary judgment. As lack of causation is dispositive, we do not reach the other grounds for the motion, or other issues raised by appellant. With regard to appeal case No. B205705 (the second action), appellant purports to appeal from an order sustaining demurrers without leave to amend. Because that order is not appealable, and appellant failed to obtain an appealable judgment after he was notified to do so, Court dismiss the appeal.
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