Judge: Michael E. Whitaker, Case: 19STCV29844, Date: 2023-03-02 Tentative Ruling

Case Number: 19STCV29844    Hearing Date: March 2, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            Defendant Starbucks Corporation (Defendant) moves to dismiss the action filed by Plaintiff Lloyd W. Brooks (Plaintiff).  Plaintiff has not filed an opposition to the motion.

ANALYSIS

Per Code of Civil Procedure section 581, subdivision (f)(2), the Court may dismiss the complaint as to that defendant when “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.”  (Code Civ. Proc., § 581, subd. (f)(2).) 

On August 3, 2022, the Court sustained Defendant’s demurrer to Plaintiff’s complaint and ordered Plaintiff to file an amended complaint within 60 days of notice of the Court’s ruling.  (See August 3, 2022 Minute Order.)  Defendant gave Plaintiff notice of the Court’s ruling on August 4, 2022 by mail.  Plaintiff thus had until October 10, 2022 (60 calendar days + 5 calendar days for mailing) to serve and file an amended complaint. 

As of the filing date of the motion, Plaintiff has not served and filed an amended complaint.  The Court thus finds Plaintiff has failed to amend in accordance with this Court’s order of August 3, 2022.

CONCLUSION AND ORDER

Therefore, the Court dismisses Plaintiff’s complaint, without prejudice, as to Defendant per Code of Civil Procedure section 581, subdivision (f)(2).

Defendant is to give notice of the Court’s order and file proof of service of such.