Martinez

INTRODUCTION

Plaintiff Nolvia Martinez appeals from the dismissal of her complaint against defendants Victor Navarro, Peter A. Lucero, M.D., and Walt Jay Medical Corporation, doing business as Integrative Industrial & Family Practice Medical Clinics because she failed to amend when given leave. The record shows that plaintiff presented an amended complaint 85 days after the time to amend had expired and a month after defendants had served their motions to dismiss, without requesting permission to file (Code Civ. Proc., § 473, subd. (a)(1))1 and without an explanation for her delay. Therefore, the trial court did not abuse its discretion in dismissing the action (§ 581, subd. (f)(2)). Accordingly, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On September 10, 2012, plaintiff in propria persona, filed her judicial council form complaint. Plaintiff checked the box entitled “other,” to identify her cause of action, and typed in the word, “Malpractice.” Under “Other allegations,” plaintiff wrote, “Severe pain from Severe Pressure Applied to Torn Rotator Cuff, Cry spells, Sleep Disruption, Psyche, Falsifying Documents for Monetary gain, Pain and Suffering.” She prayed for $100,000 in…