Pullen

Filed 11/17/14 Pullen v. Unger CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

CARL M. PULLEN,

Plaintiff and Appellant,

A137367

v. JON N. UNGER et al., (Solano County Super. Ct. No. FCS036660) Defendants and Respondents.

Invoking Code of Civil Procedure sections 1008 and 473, subdivision (b),1 Carl M. Pullen sought relief in the trial court from an order and judgment dismissing his complaint against respondents. The trial court entered the dismissal because Pullen had failed to file an amended complaint within the 30-day deadline set by section 472b after this court, in a prior appeal in this action, reversed and remanded an earlier order sustaining without leave to amend a demurrer filed by respondents. Pullen admits he failed to file a timely…