Judge: Anne Hwang, Case: 23STCV09197, Date: 2023-12-12 Tentative Ruling

Case Number: 23STCV09197    Hearing Date: December 12, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

Defendant County of Los Angeles (Defendant) moves to dismiss Plaintiff Jessica Margarita Martinez’s (Plaintiff, in pro per) complaint for failing to serve and file an amended complaint after the Court granted leave to amend. No opposition has been filed.

LEGAL STANDARD

The Court may dismiss a complaint as to a particular defendant if, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend within the time allowed by the court and either party moves for dismissal. (Code Civ. Proc. section 581, subd. (f)(2).)¿¿ 

DISCUSSION

The Court sustained Defendant’s demurrer with leave to amend within 30 days on July 28, 2023. (Min. Order, 7/28/23.) Defendant served and filed a notice of the ruling to Plaintiff on August 1, 2023 via United States Mail and e-mail. Defendant filed this motion on November 9, 2023. Therefore, because Plaintiff has not filed a first amended complaint within the time provided by the Court, the motion to dismiss is granted without prejudice.

CONCLUSION AND ORDER

Therefore, the motion to dismiss Plaintiff’s complaint is GRANTED without prejudice.

Defendant shall provide notice of the Court’s ruling and file a proof of service of such.