Judge: Cherol J. Nellon, Case: 24STCV25365, Date: 2025-04-03 Tentative Ruling

Case Number: 24STCV25365    Hearing Date: April 3, 2025    Dept: 14

Case Background

This is an action for violations of Civ. Code, section 51. Plaintiff alleges that Defendant Woodbury University discriminated against him by denying him opportunities to learn about and obtain education services by advertising through Facebook.

On October 1, 2024, Plaintiff Vivek Shah filed his Complaint against Defendant Woodbury University.

On January 27, the Court sustained Defendant’s demurrer with leave to amend.

On March 5, 2025, Defendant filed a motion to dismiss.

Instant Pleading

Defendant moves to dismiss the Complaint.

Decision

Defendant’s motion to dismiss is GRANTED. Defendant is dismissed with prejudice.

Discussion

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. Pro. section 581, subd. (f)(2).) 

Here, the Court sustained Defendant’s demurrer with leave to amend, allowing Plaintiff 20 days to amend his complaint. It has now been more than 20 days since the demurrer was sustained. No amended complaint has been filed. Defendant’s motion to dismiss is granted with prejudice.

Conclusion

Defendant’s motion to dismiss is GRANTED. Defendant is dismissed with prejudice.