Defendant Nationwide Insurance Company of America’s (“Nationwide”) motion to dismiss the action with prejudice, is granted as to Nationwide Insurance Company of America.
The Court sustained Nationwide’s demurrer to Plaintiff Alberto Solano’s Complaint on August 28, 2020. (ROA 63 [08/28/2020 Minute Order].) Although the Court noted it was “unclear how Plaintiff can plead around the statute of limitations,” the Court provided Plaintiff with 60 days leave to amend. After Plaintiff failed to file an amended complaint, Nationwide filed this motion to dismiss on February 4, 2021, to be heard on March 19, 2021. Nationwide filed a document in which Plaintiff requested additional time because he was incarcerated and there was a “lockdown” at the prison due to the pandemic. (Hampton Decl., Exh. A.) As the Court noted, it was unclear whether Plaintiff was requesting additional time to file the previously ordered amended complaint, to oppose the motion to dismiss, or both. The Court found good cause to continue the hearing on the motion and continued it to May 28, 2021. (3/19/2021 Minute Order.) Nationwide properly gave notice of the continued hearing and of the March 19, 2021 Order. (See ROA 102.)
After the Court had sustained the demurrer, Plaintiff had attempted to submit documents to the court, but the documents had been rejected because they either lacked proofs of service or the proofs of service were deficient, the Court continued the hearing. (See Register of Action 66, 67, 76, 94.) Since March 19, 2021, nothing has been received from Plaintiff in the two months. The Complaint was filed on April 15, 2019, over two years ago. Plaintiff has had nearly nine months to file an amended pleading, but he has not done so. Trial is less than a month away. Because Plaintiff failed to file an opposition to the motion, good cause has not been shown for Plaintiff’s failure to file an amended complaint within the time limitations. Accordingly, the motion is granted. (Code Civ. Proc., § 581, subd. (f)(2).) The action against Nationwide is dismissed with prejudice.
Nationwide shall give notice of the ruling.