Judge: Lee W. Tsao, Case: 23NWCV01005, Date: 2023-10-25 Tentative Ruling
Case Number: 23NWCV01005 Hearing Date: December 11, 2023 Dept: C
Cynthia Rangel, et al. vs Sylvia Quintanilla, et al.,
23NWCV01005
This action was filed on March 29, 2023. On October 25,
2023, the Court heard a Demurrer, which was sustained with 30 days leave to
amend. To date, Plaintiff has not filed an amended Complaint. Defendant
submits an ex parte application for order dismissing action for failure to
amend complaint after demurrer was sustained with leave to amend. A
motion to dismiss the entire action and for entry of judgment after expiration
of the time to amend following the sustaining of a demurrer may be made by ex
parte application to the court under Code of Civil Procedure section 581(f)(2).
(California Rule of Court 3.1320 (h).)
Since Plaintiff has not amended her Compliant and the
previous demurrer was sustained. Defendants Sylvia Quintanilla, Adriana
Quintanilla, and Isaac Quintanilla’s ex parte application to motion to dismiss
the entire action is GRANTED.
Moving party to give notice.