Judge: Stephen P. Pfahler, Case: 21CHCV00843, Date: 2022-09-16 Tentative Ruling

Case Number: 21CHCV00843    Hearing Date: September 16, 2022    Dept: F49

Dept. F-49

Date: 9-16-22

Case #21CHCV00843

Trial Date: None

DISMISS

MOVING PARTY: Defendant, The Bank of New York Mellon

RESPONDING PARTY: Unopposed/5019 Partners, LLC

RELIEF REQUESTED

Motion to Dismiss

SUMMARY OF ACTION

This action arises from Plaintiff purchasing a property from a third party that was subject to a loan issued by Defendant.  Plaintiff sought to negotiate a loan modification with Defendant, but Defendant refused to discuss the loan modification because Plaintiff was not the borrower on the loan.

On November 1, 2021, Plaintiff filed a Complaint against Defendant asserting a cause of action for declaratory relief. On April 5, 2022, the court sustained the unopposed demurrer to the complaint with 30 days leave to amend.

RULING: Granted.

Request for Judicial Notice: Granted.

Defendant The Bank of New York Mellon moves to dismiss the action with prejudice on grounds that Plaintiff never filed a first amended complaint following the April 5, 2022 order sustaining the demurrer with 30 days leave to amend. “[A]fter 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).)

The court electronic filing system shows no opposition, reply or amended pleading prior to the time of the tentative ruling publication. The unopposed motion is therefore granted. The action is dismissed with prejudice.

Defendant to give notice.