Bai

Filed 12/5/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

JUNHAI BAI et al., Plaintiffs and Appellants,

A169027

v. STEPHANIE YIP et al., (San Francisco City & County Super. Ct. No. CGC-22-601441) Defendants and Respondents.

Junhai Bai and Xiaofei Li (plaintiffs) filed a lawsuit against the San Francisco Unified School District (the District, erroneously sued as “Commodore Stockton School”) and Stephanie Yip (collectively defendants), claiming plaintiffs’ minor daughter, L.B., was physically abused by her teacher, Yip. The trial court sustained defendants’ unopposed demurrer and granted their unopposed motion to strike portions of plaintiffs’ original complaint with leave to amend, but without specifying a deadline to amend. Several weeks after the time to amend expired under an applicable rule of court, plaintiffs filed a “[r]evised” version of their complaint, but the trial court did not consider this filing to be an amended complaint. Defendants then filed a motion to dismiss the action under section 581, subdivisions (f)(2), (4) of the Code of Civil Procedure (further…