Judge: Lynne M. Hobbs, Case: 22STCV02258, Date: 2023-11-07 Tentative Ruling

Case Number: 22STCV02258    Hearing Date: November 7, 2023    Dept: 30

EUGENE FONG vs DOUGLAS P. JACKSON

Motion to Dismiss

TENTATIVE

Defendant’s motion to dismiss is DENIED.  Opposing party to give notice.

DISCUSSION

Defendant asks the Court to dismiss the complaint because Plaintiff failed to file an amended complaint after the parties filed their stipulation to file the first amended complaint. In the alterative, Defendant asks to continue trial.

However, Defendant has not shown how Code of Civil Procedure section 581, subdivision (f)(4) would apply in the instant manner as the Court has not granted a motion to strike.

In any event, Plaintiff explains that as the Proposed First Amended Complaint was attached as Exhibit “A” to the March 10, 2023 “Joint Stipulation For Leave To File a First Amended Complaint,” Plaintiff inadvertently failed to file the First Amended Complaint.

The Court deems attachment A to the March 10, 2023 Joint Stipulation as the operative First Amended Complaint.

The Court granted the parties stipulation to continue trial on October 31, 2023, so Defendant’s alternative request to continue trial is moot.