Redding
Redding v. Flores CA4/2
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…