Kim
Kim v. Kim CA2/2
Opinion
Opinion
DISCUSSION
A trial court may dismiss a complaint with prejudice if it sustains a demurrer with leave to amend, the plaintiff does not file an amended complaint within the allotted time, and the defendant moves to dismiss. (Code Civ. Proc., § 581, subd. (f)(2); Cano v. Glover (2006) 143 Cal.App.4th 326, 329-330.) A dismissal on this ground is appealable
2 (Meyers v. Home Sav. & Loan Ass’n (1974) 38 Cal.App.3d 544, 546), and is reviewed for an abuse of discretion (Gitmed v. General Motors Corp. (1994) 26 Cal.App.4th 824, 827). There was no abuse of discretion in this case. It is uncontested that plaintiff was given 10 days to file her second amended complaint and that she did not do so. This supports dismissal. (See Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 613-614 [trial court acted within its discretion to dismiss an action under Code Civ. Proc., § 581, subd. (f)(2) where the plaintiff failed to file amended complaint by the court-ordered date].) Plaintiff offers three arguments in response. First, she contends that the trial court should not have dismissed her complaint because she never received a copy of a minute order directing her to file an…