Perez

INTRODUCTION

Plaintiff Damien Perez appeals after the trial court granted summary judgment and entered judgment in favor of defendant Nicholas Langerica. On appeal, plaintiff does not contest the merits of summary judgment. Rather, he argues that Langerica should not have been allowed to answer plaintiff’s first amended complaint because Langerica was defaulted on the original complaint fifteen months earlier. We affirm the trial court’s decision denying plaintiff’s motion to strike Langerica’s answer, concluding plaintiff’s first amended complaint contained a material change and effectively vacated the default.

FACTS AND PROCEDURAL BACKGROUND

1. Plaintiff’s Lawsuit On July 13, 2016, someone shot plaintiff outside of the rehabilitation home run by Victory Outreach Salinas where plaintiff was residing; the gunshot paralyzed him. On April 26, 2017, plaintiff sued Victory Outreach International, Victory Outreach Salinas, the rehabilitation home’s manager, and Langerica (a pastor who worked for Victory Outreach). The complaint alleged the following causes of action: (1) negligence against all defendants, (2) negligent hiring against Victory Outreach International and Victory…