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Pelisi Foket Fonua v. Jerry D. Crum et al

April 18, 2012

PELISI FOKET FONUA, PLAINTIFF AND APPELLANT,
v.
JERRY D. CRUM ET AL., DEFENDANTS AND RESPONDENTS.



(Super. Ct. No. 48630)

The opinion of the court was delivered by: Hoch , J.

Fonua v. Crum

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Plaintiff Pelisi Foket Fonua brings this pro se appeal from the trial court's order granting defendants' motion to strike his third amended complaint, and dismissing the action in its entirety.*fn1

He contends on appeal the trial court erred in dismissing the action, and erred in denying his months-earlier motions to withdraw the second amended complaint, stay the action, and request an extension of time to file a new second amended complaint.

We find no error and affirm the order of dismissal.

BACKGROUND

Plaintiff, a prison inmate, filed this action in propria persona against Dr. Jerry D. Crum, Banner Lassen Medical Center, and Eagle Summit Orthopedic & Sports Medical Clinic in April 2009, alleging causes of action for medical malpractice, assault/battery, intentional tort, breach of contract, and civil rights violations.

The trial court sustained, with leave to amend, defendants' demurrers to the original complaint on the grounds it was uncertain and unintelligible. Plaintiff filed a first amended complaint, to which the trial court sustained defendants' demurrers (on the same grounds) with leave to amend. He then filed a second amended complaint, and defendants again demurred.

While defendants' demurrers to the second amended complaint were pending, plaintiff filed motions seeking (among other things) to withdraw the second amended complaint, stay the action, and extend the time to file a new second amended complaint.

Before plaintiff's motions could be heard, the trial court conducted the regularly scheduled hearing on defendants' demurrers to the second amended complaint, and sustained the demurrers with leave to amend. The last possible date for plaintiff to file a third amended complaint was then May 18, 2010.

The trial court thereafter denied plaintiff's motions to withdraw the second amended complaint, stay the action, and request an extension of time to file a new second amended complaint, finding the motions had been rendered moot by sustaining defendants' demurrers to the second amended complaint. The record on appeal does not ...


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