Redding

Redding v. Flores CA4/2

Good Law
Court of Appeal of CaliforniaMarch 20, 2026E083593California618 words

Opinion

Opinion

I.

INTRODUCTION

Tara A. Redding, proceeding in pro. per., appeals the trial court’s order dismissing

her case. We affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Redding filed a complaint against Diane Flores alleging claims arising out of a 1 property sale. Flores filed a demurrer and a motion to strike, but Redding filed a First

Amended Complaint (FAC). Flores filed a demurrer and motion to strike the FAC. The

trial court sustained the demurrer with 20 days’ leave to amend. Redding did not timely

file a Second Amended Complaint (SAC) within 20 days leave to amend.

Nearly three months after the trial court sustained Flores’s demurrer with 20 days’

leave to amend, Flores filed ex parte application to dismiss Redding’s complaint under

California Rules of Court, rule 3.1320 and Code of Civil Procedure section 581,

subdivision (f)(2) (section 581(f)(2)), for Redding’s failure to timely amend her operative

complaint. After holding a hearing on Flores’s application, the trial court granted it and

dismissed Redding’s complaint.

Redding timely appealed.

III.

DISCUSSION

Under section 581(f)(2), the trial court may dismiss a complaint if “after a

demurrer to the…

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