Judge: Lee S. Arian, Case: 21STCV37242, Date: 2024-01-30 Tentative Ruling
Case Number: 21STCV37242 Hearing Date: February 20, 2024 Dept: 27
Hughy Addison v. City of Santa Monica, et al.
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Tuesday, February 20, 2024 |
[UNOPPOSED]
Motion
– Defendant City of Santa Monica’s Motion to Dismiss for Failure to Amend
Complaint
TENTATIVE
Defendant City of Santa Monica’s
Motion to Dismiss for Failure to Amend Complaint is GRANTED.
Background
On October 8, 2021, Plaintiff Hughy
Addison filed a form complaint in pro per against
Defendant
City of Santa Monica (erroneously sued and served as “City of Santa Monica Risk
Management
Liability Claims Unit” and “City of Santa Monica Bus Company”) for motor
vehicle
negligence. The allegations are sparse and handwritten. From what the Court can
discern,
Plaintiff
suffered an injury while on Defendant’s bus. Plaintiff seeks punitive damages.
On August 24, 2023, Defendant filed
a Demurrer and Motion to Strike punitive damages from the Complaint. The Court
sustained the Demurrer in its entirety, the Motion to Strike was denied as
moot. Plaintiff was given 20 days to amend their Complaint. (See October 2,
2023 Minute Order.) The deadline passed without Plaintiff filing an amended
Complaint. Defendant filed the instant Motion to Dismiss (“Motion”) for failure
to amend the Complaint on December 14, 2023.
Discussion
Legal Standard
Code of Civil Procedure section 581,
subdivision (f)(2), states that the Court may dismiss an action against a
defendant 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.”
Analysis
After
the Court sustained Defendant’s Demurrer on October 2, 2023, Plaintiff was
given 20 days to amend. Defendant served the Notice of Ruling for the Demurrer
on October 3, 2023. Plaintiff never filed an amended Complaint with the Court.
Defendant moves to dismiss the case. As the Court is not in receipt of the
amended Complaint before the October 23, 2023 deadline, and Defendant has
properly moved to dismiss the case, the Motion is granted.
Conclusion
Defendant
City of Santa Monica’s Motion to Dismiss for Failure to Amend Complaint is GRANTED.
Moving party is ordered to give notice.