Judge: Maurice A. Leiter, Case: 22STCV27246, Date: 2023-05-17 Tentative Ruling

Case Number: 22STCV27246    Hearing Date: May 17, 2023    Dept: 54

Hearing Date: May 17, 2023

Department 54, Judge Maurice A. Leiter

Motion to Dismiss

Moving Party: Defendant Specialized Loan Servicing, LLC

Responding Party: None

T/R:    DEFENDANT’S MOTION TO DISMISS IS GRANTED.

            DEFENDANT to notice. 

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

            The Court considers the moving papers. No opposition has been received.

BACKGROUND

            On November 3, 2022, Plaintiff Luisa P. Reano filed the operative first amended complaint against Defendants Specialized Loan Servicing, LLC, asserting causes of action for intentional misrepresentation, violation of Civ. Code § 2923.5 and injunctive relief. Plaintiff alleges Defendants misrepresented the balance on a second mortgage loan by adding improper fees and charges. On February 27, 2023, the Court sustained Defendant’s demurrer with 30 days leave to amend.

ANALYSIS

CCP 581(f)(2) provides, “The court may dismiss the complaint as to that defendant when:… Except where Section 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal.”

Defendant moves to dismiss Plaintiff’s complaint on the ground that Plaintiff failed to timely amend after the Court sustained Defendant’s demurrer. On February 27, 2023, the Court sustained Defendant’s demurrer with 30 days leave to amend. Plaintiff has not filed an amended pleading and has not opposed this motion. Defendant’s motion is GRANTED.