16-CIV-00718 SHISHIR PURI VS. ANDY’S BP, INC., ET AL.

SHISHIR PURI ANDY’S BP, INC.
PAULA K. CANNY XAVIER A.M. LAVOIPIERRE

MOTION TO VACATE TENTATIVE RULING:

Defendants Ravinder Kumar’s and Keshaw Prasad’s motion for entry of judgment of dismissal with prejudice is GRANTED pursuant to CCP § 581(f)(2). Plaintiff was provided three opportunities to amend his complaint to state a cause of action with respect to Defendants Kumar and Prasad. He failed to take advantage of the final opportunity granted by the court.

Plaintiff lost the ability to voluntarily dismiss Defendants Kumar and Prasad when he failed to file an amended complaint within the time allowed by the court. Accordingly, the dismissals without prejudice of Defendants Kumar and Prasad on March 9, 2018 are VACATED.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiffs shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.