Judge: Armen Tamzarian, Case: 23STCV19198, Date: 2023-10-26 Tentative Ruling

Case Number: 23STCV19198    Hearing Date: April 5, 2024    Dept: 52

Defendant LAD-N, LLC dba Nissan of Downtown LA’s Motion to Dismiss Plaintiff’s Complaint or, in the Alternative, to Strike Plaintiff’s Amended Complaint

            Defendant LAD-N, LLC doing business as Nissan of Downtown LA moves to dismiss this action by plaintiff Ana Quintana under Code of Civil Procedure section 581.

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.”

On October 26, 2023, the court sustained defendant’s demurrer to plaintiff’s entire complaint and permitted plaintiff 30 days’ leave to amend.  Plaintiff did not amend the complaint within the 30 days allowed.  Plaintiff did not file a first amended complaint.  On February 1, 2024, plaintiff filed (but did not serve on defendant) an “amendment to complaint” on form LASC CIV 105.  This form is used to substitute the true name of a defendant formerly designated as a fictitious “Doe” defendant or to correct a defendant’s name.  Even if that filing constituted a first amended complaint, plaintiff did not file it within the time permitted to amend the complaint.  The court will therefore dismiss plaintiff’s complaint under Code of Civil Procedure section 581, subdivision (f)(2).  

Disposition

            Defendant LAD-N, LLC dba Nissan of Downtown LA’s motion to dismiss plaintiff’s complaint is granted.  This action by plaintiff Ana Quintana is hereby dismissed without prejudice.