Filed 11/28/05 Gerber v. Guirao CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE

MARY ELLEN GERBER, Plaintiff and Appellant, v. JEAN MICHEL GUIRAO et al., Defendants and Respondents.

B170484 (Los Angeles County Super. Ct. No. BC277009)

APPEAL from orders of the Superior Court of Los Angeles County,

Irving S. Feffer, Judge. Dismissed in part, affirmed in part and reversed in part with directions.

Robert S. Gerstein; and William I. Hochberg for Plaintiff and Appellant.

Hoffman & Associates and Nathan B. Hoffman for Defendant and Respondent Jean Michel Guirao.

Gordon & Rees, Roger M. Mansukhani, Christopher B. Cato and Eric M. Volkert for Defendants and Respondents Steve Manus, dba Alfred Publishing and Alfred Publishing.

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Plaintiff and appellant Mary Ellen Gerber (Gerber) appeals orders dismissing her action against defendants and respondents Alfred Publishing (Alfred) and Steven Manus dba Alfred Publishing (Manus) (collectively, the Alfred defendants) and Jean Michel Guirao (Guirao), and denying her motion to vacate the dismissals.

By way of background, the trial court granted the Alfred defendants' ex parte application for dismissal after it sustained their demurrer to Gerber's complaint with leave to amend and Gerber failed to file an amended pleading. In addition, the trial court entertained a purported â€