Judge: Daniel M. Crowley, Case: 20STCV10193, Date: 2023-03-06 Tentative Ruling

Case Number: 20STCV10193    Hearing Date: March 6, 2023    Dept: 28

Defendant EAN Holdings, LLC’s Motion to Dismiss for Failure to Amend

Having considered the moving papers, the Court rules as follows.



On March 13, 2020, Plaintiff Luis Fernando Martinez (“Plaintiff”) filed this action against Defendants EAN Holdings, LLC (“EAN”), Ky Veng Chhean (“Ky”), Chou M. Chhean (“Chou”) and Sylvia Miravet Damato (“Damato”) for motor vehicle negligence and general negligence.

The Court dismissed the case on September 10, 2021; this was later vacated on September 27, 2022.

On September 29, 2022, Ky and Chou filed an answer.

On January 19, 2023, EAN filed a Motion to Dismiss for Failure to Amend to be heard on March 6, 2023.

The trial date currently set for July 25, 2023.



EAN requests the Court dismiss Plaintiff’s action for failure to file an amended complaint.



Code of Civil Procedure §518(f)(2) provides that a court may dismiss the complaint as to a defendant when a demurrer to the complaint is sustained with leave to amend, and the plaintiff fails to amend it within the time allowed by the Court and either party moves for dismissal.



On November 3, 2022, the Court sustained EAN’s demurrer, with 30 days leave to amend, to Plaintiff’s entire complaint. Plaintiff has not filed an amended complaint. EAN has made a proper motion to dismiss based on Plaintiff’s lack of amended complaint; the Court grants the motion.



Defendant EAN Holdings, LLC’s Motion to Dismiss for Failure to Amend is GRANTED. Plaintiff’s complaint against EAN is dismissed, with prejudice.

Defendants are ordered to give notice of this ruling.