Judge: Mark E. Windham, Case: 22STLC00652, Date: 2023-02-05 Tentative Ruling

Case Number: 22STLC00652    Hearing Date: February 5, 2023    Dept: 26

AP Billing, Inc. v. Rivera, et al.
MOTION TO DISMISS

(CCP § 581(f)(2))

TENTATIVE RULING:

Defendant Bladimir Rivera dba BRS Investment LLC’s Motion to Dismiss is GRANTED. PLAINTIFF AP BILLING, INC.’S COMPLAINT IS DISMISSED WITH PREJUDICE.

ANALYSIS:

On January 31, 2022, Plaintiff AP Billing, Inc. (“Plaintiff”) filed the Complaint in this action against Defendant Bladimir Rivera dba BRS Investment, LLC (“Defendant”). The Court sustained Defendant’s Demurrer to the Complaint on August 29, 2022, granting Plaintiff leave to amend within 20 days. (Minute Order, 08/29/22.) Defendant filed the instant Motion to Dismiss for Failure to Amend on December 12, 2022. No opposition has been filed to date.

Discussion

Code of Civil Procedure, section 581, subdivision (f)(2) provides that upon motion of any party, the Court may dismiss the Complaint when a defendant’s demurrer is sustained with leave to amend and the plaintiff fails to amend the pleading within the time allowed by the court. (Code Civ. Proc., § 581, subd. (f)(2).) Here, more than 20 days has passed since the ruling sustaining the Demurrer to the Complaint with leave to amend but Plaintiff has not filed an Amended Complaint. As Plaintiff has not filed an amended Complaint to date, nor any opposition to the instant Motion, the request to dismiss the Complaint is granted.

Conclusion

Defendant Bladimir Rivera dba BRS Investment LLC’s Motion to Dismiss is GRANTED. PLAINTIFF AP BILLING, INC.’S COMPLAINT IS DISMISSED WITH PREJUDICE.

Moving party to give notice.