On January 17, 2023, Plaintiff Andre Nesbit filed a motion for leave to amend complaint. That same day, he filed a first amended complaint. A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed. (CCP § 472.) At the time he filed the first amended complaint, no answer or other response had been filed by Defendants. Motion for leave to amend is moot.

 

Motion Type: Motion for Summary Judgment

            Plaintiff Andre Nesbit filed this case on December 30, 2022. On February 2, 2023, he filed a motion that he called a “motion for summary judgment.” A party may move for summary judgment at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed. (CCP § 437c.) At the time Plaintiff filed his motion, no other parties had appeared in the case. Further, this does not appear to be a motion for summary judgment, but instead seems as if it were intended to be something else.

Motion is denied.

 

[Also, the Court notes that Plaintiff has been filing miscellaneous exhibits.  Plaintiff is directed to not file improper, miscellaneous exhibits with the Court.  Plaintiff should acquaint himself with the various rules related to court filings.]