Cotton v. State of California

Filed 5/15/06 Cotton v. State of California CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

APPEAL from an order of the Superior Court of Los Angeles County,

Cary H. Nishimoto, Judge. Affirmed.

Derrek W. Cotton, in pro. per., for Plaintiff and Appellant.

Law Offices of William Balderrama and William Balderrama for Defendants and Respondents.

Appellant Derrek W. Cotton appeals an order dismissing his complaint for failure to prosecute after he filed a defective pleading and failed to amend within the 15 days granted him to do so. Finding no error, we shall affirm.

FACTUAL AND PROCEDURAL SUMMARY[1]

In February 2005, appellant filed a complaint against the State of California, Los Angeles County, and the Los Angeles County Sheriff's Department alleging excessive force by two deputy sheriffs at the time his in propria persona privilege was revoked in a criminal proceeding. The county demurred to the complaint. The demurrer was sustained on May 10 with 15 days leave to amend to show compliance with the Tort Claims Act. (Gov. Code, § 810 et seq.) We infer that the basis of the demurrer was appellant's failure to plead compliance with that statute.

On June 14, after the May 25 deadline had passed, appellant filed a first amended complaint, omitting the original parties and naming new parties, and adding new causes of action. He failed to obtain the approval of the court for this filing and failed to provide proof of service on any parties. On June 24, the trial court struck the amended complaint for failure to demonstrate â€