Judge: Lynne M. Hobbs, Case: 21STCV24281, Date: 2023-05-19 Tentative Ruling
Case Number: 21STCV24281 Hearing Date: May 19, 2023 Dept: 30
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JULIANNE LATTNER vs DANIELLE ZAMMIT, et al.
21STCV24281
Motion to Dismiss for Failure to Serve First Amended Complaint
Ruling: Granted.
Moving party to give notice.
Rationale:
The record shows that March 19, 2023, was the last day for Plaintiff to file an amended complaint. None was filed to date. Even the late filed opposition did not contain the amended complaint. The Court is empowered to dismiss a complaint against a particular defendant after a demurrer is sustained with leave to amend, the plaintiff fails to amend within the allotted time allowed, and either party moves for a dismissal. CCP 581(f)(2). Under the circumstances of this case, the Court exercises its discretion to grant the motion to dismiss.