Macias

INTRODUCTION

Joseph Manuel Macias sued The Vons Companies, Inc. (Vons), SLX Property, LLC (SLX), and KCAL P&C Insurance Services (KCAL) for personal injuries he suffered in a fall on property owned by SLX. The fall occurred in a parking lot, more specifically in the part of that lot serving a business operated by SLX’s tenant, KCAL, and which was adjacent to a Vons grocery store.1 After granting prior demurrers with leave to amend, the trial court granted defendants’ motions to strike Macias’s third amended complaint on the grounds Macias had filed it after a deadline imposed by the court and had included in it additional factual allegations and legal theories as to which the court had not granted leave to amend. After the court dismissed Macias’s action and entered judgments of dismissal for each defendant, it denied a motion by Macias to vacate and set aside those dismissals pursuant to Code of Civil Procedure2 section 473, subdivision (b) (section 473(b)). Macias now appeals the dismissal of the action and the trial court’s denial of his subsequent motion to vacate and set aside the dismissal. His appeal from the dismissal includes an attempt to appeal a nonappealable order…