Notice Of Motion And Motion To Dismiss Plaintiff?S Complaint With Prejudice For Failure To Timely File And Serve An Amended Pleading [C.C.P. 581(F)(2)]
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24613800 - June 3, 2025 Hearing date: June 3, 2025 Case number: CGC24613800 Case title: ERNEST BONNER VS. SAFEWAY, INC. ET AL Case Number: | | CGC24613800 | Case Title: | | ERNEST BONNER VS. SAFEWAY, INC. ET AL | Court Date: | | 2025-06-03 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Dismiss Plaintiff?S Complaint With Prejudice For Failure To Timely File And Serve An Amended Pleading [C.C.P. 581(F)(2)]; Memorandum Of Points And Authorities | Rulings: | | Matter on the Law & Motion/Discovery Calendar for Tuesday, June 03, 2025, Line 7, DEFENDANT SAFEWAY, INC.'s Motion To Dismiss Plaintiff's Complaint With Prejudice For Failure To Timely File And Serve An Amended Pleading [C.C.P. 581(F)(2)].
Defendant Safeway, Inc.'s Motion to Dismiss Plaintiff's Complaint with Prejudice for Failure to Timely File and Serve an Amended Pleading is DENIED. "After expiration of the time in which a pleading can be amended as a matter of course, the pleading can only be amended by obtaining the permission of the court." (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal. App. 4th 603, 613.)
Here, the court exercises its discretion to allow Plaintiff's second amended complaint to proceed in furtherance of justice. (CCP 473(a)(1).) No prejudice has been shown and the amended complaint was filed only a couple weeks after the time allotted under CRC Rule 3.1320(g). As asides, the court notes it is not clear the clock for amendment had started. When a party-submitted proposed order is signed, it generally is up to the party to give notice of entry, particularly if they want to start a clock. In any event, the delay was not unreasonable. The court rejects Defendant's invitation to construe its motion as a motion for judgment on the Second Amended Complaint.
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