Judge: Elaine W. Mandel, Case: SC126806, Date: 2023-01-06 Tentative Ruling
Case Number: SC126806 Hearing Date: January 6, 2023 Dept: P
Tentative Ruling
Jane Doe v. Curtis
Olson et al., Case No. SC126806
Hearing Date
January 6, 2023
Defendants’ Motion
to Dismiss Second Amended Complaint (UNOPPOSED)
Defendants move to
strike the second amended complaint on the grounds that the court gave leave to
amend on March 8, 2022, but no proposed third amended complaint has been filed.
The court’s 3/8/2022 order does not grant a demurrer to the second amended
complaint or otherwise determine that the SAC is deficient. Instead, the order
acknowledged that Doe stated an intention to file an amended complaint and
ordered her to circulate a proposed pleading. As she has not done so, the SAC
remains the operative pleading. Defendants have not shown that it should be
stricken. DENIED.