Gonsalves v. Deutsche Bank Nat. Trust Co.
In this matter, plaintiff Mary R. Gonsalves did not oppose a demurrer of defendant Deutsche Bank National Trust Company (Deutsche Bank), amend her complaint after the demurrer was sustained with leave to amend, or oppose Deutsche Bank’s subsequent motion to dismiss. Gonsalves now appeals from the judgment entered after the court granted the motion to dismiss, contending that she had been “justified†in failing to oppose the demurrer because codefendant JMO, Inc., had filed a notice of automatic stay and that the court had erred in dismissing the case with prejudice. We disagree because Deutsche Bank did not have an identity of interest with JMO, Inc., and the case properly was dismissed with prejudice when Gonsalves did not amend. We affirm the judgment.
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