2017-00209411-CL-PO

Michael A. Jointer vs. CCHCS

Nature of Proceeding: Motion to Dismiss

Filed By: Ehlenbach, Martha

Defendants Mynhier and Tharatt’s unopposed motion to dismiss is granted.

Defendants’ demurrer to Plaintiff Michael Jointer’s first amended complaint was sustained with leave to amend on November 8, 2017. Plaintiff was given until December 21, 2017 to file an amended complaint. He failed to do so.

Pursuant to CCP § 581(f)(2), where a demurrer has been sustained with leave to amend and the plaintiff fails to amend within the time allotted by the court, the court may dismiss the complaint where either party moves for dismissal. Dismissal is with prejudice. Section 581(f)(2) “gives the defendant the right to obtain a court order dismissing the action with prejudice once the court sustains a demurrer with leave to amend and the plaintiff has not amended within the time given.” (Parsons v. Umansky (1994) 28 Cal.App.4th 867, 870.) Here, as Plaintiff failed to amend the complaint within the time allowed and failed to oppose the instant motion, the motion to dismiss is granted. The complaint is dismissed with prejudice as to Defendants.

The Court will sign the proposed order.