Judge: Lisa K. Sepe-Wiesenfeld, Case: 21STCV16537, Date: 2023-06-29 Tentative Ruling

Case Number: 21STCV16537    Hearing Date: June 29, 2023    Dept: N

TENTATIVE RULING

Defendant Jason Weiss’ Motion for Judgment on the Pleadings as to All Causes of Action is GRANTED.

Defendant Jason Weiss shall prepare, serve, and submit a proposed judgment as per statute.

Defendant Jason Weiss to give notice.

REASONING

On September 20, 2022, the Court granted Defendant Jason Weiss (“Defendant”)’s motion for judgment on the pleadings as to all seven causes of action alleged Plaintiffs Raymond Rivera and Louise Chatowski Rivera (“Plaintiffs”)’s First Amended Complaint (“FAC”), and the Court granted Plaintiffs leave to amend their first, second, third, and fifth causes of action, while granting the motion without leave to amend as to the fourth, sixth, and seventh causes of action. The Court’s order granted Plaintiffs 30 days leave to amend their complaint. Defendant now moves for judgment on the pleadings as to the remaining causes of action on the ground that Plaintiffs failed to amend their complaint within the time set forward in the Court’s September 20, 2022, order.

Code of Civil Procedure section 438, subdivision (i)(1)(B), governs the failure to timely amend a pleading after a motion for judgment on the pleadings is granted with leave to amend. The statute provides that “[i]f no amended pleading is filed” after “a motion for judgment on the pleading is granted with leave to amend,” “then the party shall move for entry of judgment in its favor.” (Code Civ. Proc., § 438, subd. (i)(1)(B).)  

Plaintiffs failed to amend their complaint by October 20, 2022, and the case docket shows no attempts by Plaintiffs to amend their pleading. Rather, the docket shows only that Plaintiff Raymond Rivera filed a request for dismissal of the action on May 8, 2023, but the request was rejected by the clerk because it was unclear whether the dismissal was filed as to both Plaintiffs. Thus, because Plaintiffs failed to amend their complaint within the time ordered by the Court, the Court finds it proper to enter judgment in Defendant’s favor pursuant to Code of Civil Procedure section 438, subdivision (i)(1)(B). Accordingly, Defendant Jason Weiss’ Motion for Judgment on the Pleadings as to All Causes of Action is GRANTED. Defendant Jason Weiss shall prepare, serve, and submit a proposed judgment as per statute.