`
`JUN 4‘8 2333
`ERESNO COUNTY SUPERIOR COURT
`y
`DEPT.503-DEPUTV
`
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
`CIVIL DIVISION
`
`No. l7CECGOl971
`Dept. 503
`
`ORDER RE REQUEST FOR JUDGMENT
`
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`Jane Doe et a1.,
`Plaintiffs,
`
`v.
`Parlier Unified School District
`et al.,
`
`Defendants.
`
`The ex parte request of Parlier Unified School District for
`judgment as to Layla Doe was received on June 5, 2018.
`The
`request is denied.
`Layla Doe was a plaintiff in the original complaint.
`Layla
`Doe‘alleged causes of action one, three and five against Parlier
`Unified School District. Parlier Unified School District demurred
`to the first, third and fifth causes of action. The demurrer to
`the first and third causes of action was sustained with leave to
`The demurer to the fifth cause of action was sustained
`amend.
`without leave to amend.
`It appears Layla Doe chose not to amend
`and thus is not named as a plaintiff in the’first amended
`complaint.
`
`qf
`
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`ll
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`COUNTY OF FRESNO
`Fresno, CA
`
`
`
`Parlier Unified School District seeks a judgment that states
`that the act1on brought by Layla Doe is dismissed and judgment is
`entered in their favor and against Layla Doe. Parlier Unified
`School District has failed to comply with statutory law. The
`action brought by Layla Doe has not been dismissed.
`On motion of either party, a judgment of dismissal may be
`entered against a plaintiff where the defendant's demurrer was
`sustained with leave to amend and the plaintiff failed to amend
`the complaint within the time allowed by the court. Code of Civil
`Procedure §58l(f)(2). The Court notes that California Rules of
`Court, rule 3.1320(h) permits an ex parte motion but only for
`dismissal of the entire action and for entry of judgment after
`expiration of the time to amend following the sustaining of a
`demurrer.
`This rule does not apply to the case at bar.
`
`DATED this
`
`8‘
`
`day of June, 2018.
`
`[Mvgéy L
`
`IKimberly A. Gaab
`Judge of the Superior Court
`
`D/
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`COUNTY 0F FRESNO
`Fresno, CA
`
`
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