Judge: Alison Mackenzie, Case: 21STCV13812, Date: 2023-12-19 Tentative Ruling
Case Number: 21STCV13812 Hearing Date: March 27, 2024 Dept: 55
NATURE OF PROCEEDINGS:
Defendant Teh Jing Wang’s Motion to Dismiss Plaintiffs’ Case With Prejudice.
The unopposed motion to is granted, for the reasons
stated. Code of Civ. Proc., § 581, subd. (f)(2).
This entire case is dismissed with prejudice.
In this case, MI YOUNG KIM and YOO S. KIM (“Plaintiffs”)
seek damages against TEH JING WANG (“Defendant”) related to issues in the premises
Plaintiffs leased from Defendant
Defendant brings a motion to dismiss, because
Plaintiffs failed to file an amended complaint after the 12/19/23 minute order
sustaining a demurrer and granting a motion to strike, with leave to amend. No
opposition has been filed as to the matters.
The failure to file a proper and timely opposition in
trial court creates a waiver of the issues on any appeal. E.g., Cabrini
Villas Homeowners Assn. v. Haghverdian (2003) 111 Cal. App. 4th 683, 693. A
judge in a civil case is not "'obligated to seek out theories [a party]
might have advanced, or to articulate … that which … [a party] has left
unspoken.'" Mesecher v. County of San Diego (1992) 9
Code of Civil Procedure “Section 581, subdivision
(f)(2) ‘… gives the defendant the right to obtain a court order dismissing the
action with prejudice once the court sustains a demurrer with leave to amend
and the plaintiff has not amended within the time given.’ ” Cano v. Glover
(2006) 143 Cal.App. 4th 326, 330.
Given the expiration of the time in which to amend the
pleading, and the applicable law, the Court grants the motion to dismiss.