California, United States of America
The following excerpt is from Shaw v. Nations Title Co. of Cal., B251553, c/w B252789 (Cal. App. 2015):
We conclude that the trial court did not act arbitrarily when it determined that because the time to amend plaintiff's pleading had lapsed well prior to the hearing on his request to extend that time, plaintiff was required to file an appropriate motion to be relieved from that default under the authority of Code of Civil Procedure section 473, subdivision (a) prior to extending the time within which plaintiff could amend. (See e.g., Leader v. Health Industries of America, Inc., supra, 89 Cal.App.4th at p. 613.) Because plaintiff did not make such a motion, the trial court did not abuse its discretion by denying the motion to extend time and granting the ex parte applications of certain of the demurring defendants to dismiss the first amended complaint under Code of Civil Procedure section 581, subdivision (f)(2). Those dismissal orders are therefore affirmed.
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