Smith v. State of Cal. CA5
Appellant Robert P. Smith III challenges the trial court’s dismissal of his civil rights complaint primarily challenging inadequate dental care. Respondents State of California, California Department of Corrections and Rehabilitation (CDCR), and 11 individually named defendants, filed a motion for judgment on the pleadings, raising procedural defects with the complaint. The motion was granted, and Smith was provided 30 days to file an amended complaint. He failed to do so. Over six months passed and respondents failed to move to dismiss based on Smith’s failure to file an amended complaint. Accordingly, the court sua sponte set a motion to dismiss for failure to file an amended complaint. After briefing and argument, the court found that Smith’s failure to file an amended complaint was not justified and dismissed the complaint.
Comments on Smith v. State of Cal. CA5