Judge: Colin Leis, Case: 23STCV04761, Date: 2023-11-01 Tentative Ruling

Case Number: 23STCV04761    Hearing Date: February 14, 2024    Dept: 74

Sonya Howard v. Norma Serena, et al.

Defendants’ Motion to Dismiss

The court considered the moving papers. No opposition was timely filed. (Code Civ. Proc., § 1005, subd. (b) [“All papers opposing a motion […] shall be field with the court and a copy served on each party at least nine court days […] before the hearing.”].)

BACKGROUND 

            On March 2, 2023, Plaintiff Sonya Howard (Plaintiff) filed a complaint against Defendants Norma Serena and HACLA Housing Authority of Los Angeles, California (Defendants). The complaint alleges breach of contract.

            On November 1, 2023, the court sustained Defendants’ demurrer to the complaint with leave to amend.

            On December 7, 2023, Defendants filed this motion to dismiss.

DISCUSSION

            Defendants seek dismissal of this action under Code of Civil Procedure section 581, subdivision (f)(2): “The court may dismiss the complaint […] when […] 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.” Here, the court sustained Defendants’ demurrer to Plaintiff’s complaint with leave to amend on November 1, 2023. Moreover, the court allowed Plaintiff to amend her complaint within 30 days of its order. But Plaintiff never did so. Thus, the court has grounds to dismiss this action. (Otworth v. Southern Pac. Transportation Co. (1985) 166 Cal.App.3d 452, 457 [“When a plaintiff elects not to amend the complaint, it is presumed that the complaint states as strong a case as possible; and the judgment of dismissal must be affirmed if the unamended complaint is objectionable on any ground raised in the demurrer.”].)

CONCLUSION 

The court grants Defendants’ motion to dismiss with prejudice. (Cono v. Glover (2006) 143 Cal.App.4th 326, 329.)