Ortiz v. Aguilar et al.

(49) Tentative Ruling

Re: Ortiz v. Aguilar et al. Superior Court Case No. 23CECG00742

Hearing Date: September 1, 2026 (Dept. 502)

Motion: By Defendant Kiavi Funding, Inc., to Dismiss the First Amended Complaint as to Kiavi Funding, Inc.

Tentative Ruling:

To grant and dismiss the first amended complaint with prejudice as to defendant Kiavi Funding, Inc. Defendant Kiavi Funding, Inc., shall submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action against them. (Code Civ. Proc., § 581, subd. (f).)

If oral argument is timely requested, it will be entertained on Thursday, September 3, 2026, at 3:30 p.m. in Department 502.

Explanation:

Defendant Kiavi Funding, Inc. (“Defendant”) moves to dismiss the case against them brought by plaintiffs Frank Aguilar and Louisa Ortiz (“Plaintiffs”) under Code of Civil Procedure section 581, subdivision (f)(2).

Code of Civil Procedure section 581, subdivision (f) states in pertinent part, “The court may dismiss the complaint as to that defendant when...(2)... after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal.”

On January 29, 2026, Defendant’s demurrer to Plaintiffs’ first amended complaint was sustained with ten days leave to amend. Plaintiffs have not filed a second amended complaint. Accordingly, Defendant’s motion to dismiss is granted and the case against Defendant dismissed with prejudice.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling

Issued By: lmg on 8-30-26. (Judge’s initials) (Date)

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