Plaintiff Ashley Idle’s (“Plaintiff”)Motion to Set Aside the Dismissal of The First Amended Complaint (“FAC”) is GRANTED.
BACKGROUND This personal injury matter arises out of an alleged physical attack that occurred on or about 10/26/18 at or near 17699 Los Jardines, in Fountain Valley, CA 92708. Complaint (filed 5/7/19) by Plaintiff Ashley Idle against Defendants Cameron Clarke and Does 1-21 for: 1. General negligence; 2. Assault; 3. Battery; 4. Intentional Infliction of Emotional Distress; 5. Negligent contact. On 7/16/19, Plaintiff filed an Amendment to the Complaint, naming Brian Clarke as Doe Defendant No. 1. On 7/16/19, Plaintiff filed an Amendment to the Complaint, naming Lynne M. Clarke as Doe Defendant No. 2. On 9/11/19 default was entered as to defendant Cameron Clarke. On 10/25/19, the court sustained the demurrer to the original Complaint for failing to meet basic pleading requirements putting the defendants on notice of the claim against them. (10/25/19 Minute Order [ROA 5
Hearing Date
February 05, 2021
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Plaintiff Ashley Idle’s (“Plaintiff”)Motion to Set Aside the Dismissal of The First Amended Complaint (“FAC”) is GRANTED.
BACKGROUND This personal injury matter arises out of an alleged physical attack that occurred on or about 10/26/18 at or near 17699 Los Jardines, in Fountain Valley, CA 92708. Complaint (filed 5/7/19) by Plaintiff Ashley Idle against Defendants Cameron Clarke and Does 1-21 for: 1. General negligence; 2. Assault; 3. Battery; 4. Intentional Infliction of Emotional Distress; 5. Negligent contact. On 7/16/19, Plaintiff filed an Amendment to the Complaint, naming Brian Clarke as Doe Defendant No. 1. On 7/16/19, Plaintiff filed an Amendment to the Complaint, naming Lynne M. Clarke as Doe Defendant No. 2. On 9/11/19 default was entered as to defendant Cameron Clarke. On 10/25/19, the court sustained the demurrer to the original Complaint for failing to meet basic pleading requirements putting the defendants on notice of the claim against them. (10/25/19 Minute Order [ROA 5