Judge: Armen Tamzarian, Case: 22STCV13981, Date: 2023-12-01 Tentative Ruling

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Case Number: 22STCV13981    Hearing Date: December 1, 2023    Dept: 52

Defendant Department of Health Care Services’ Motion to Dismiss Complaint

Defendant State of California by and through the Department of Health Care Services moves to dismiss the complaint against it by plaintiffs Christopher A. Altounian, Maria Margarita Carranza, and Luis H. Carranza.

Defendant shows grounds to dismiss the action against it.  Code of Civil Procedure section 581, subdivision (f)(2) provides, “The court may dismiss the complaint as to that defendant when: [¶] (2) … after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal.”

Plaintiffs failed to amend their complaint within the time allowed by the court after sustaining a demurrer to the entire complaint.  On May 23, 2023, the court sustained defendant State of California by and through the Department of Health Care Services’ demurrer to the entire complaint with 20 days’ leave to amend.  The clerk served the minute order on plaintiffs by mail the same day.  Plaintiffs never filed an amended complaint.  Defendant now moves for dismissal.  Plaintiffs did not oppose this motion.  Dismissal is proper.

Disposition

Defendant State of California by and through the Department of Health Care Services’ motion to dismiss the complaint against it is granted.  The court hereby dismisses the complaint by Christopher A. Altounian, Maria Margarita Carranza, and Luis H. Carranza as against defendant State of California by and through the Department of Health Care Services with prejudice.