Demurrer was sustained 6/3/09 to P's original complaint.
P submitted on 6/30/09; filed on 7/8/09, a request for addl. time to file an AC until 8/11/09.
Ds, not having been served with the "request" for more time, moved ex parte on 7/9/09 to dismiss. This Court denied that request and allowed P until the requested 8/11/09 to file a FAC .
No FAC was filed by P's self-imposed timeline. ON 8/12/09, at 2:24 p.m., the clerk accepted for filing, a self-styled "2st [sic]Amended Complaint" which is not in cognizable legal form. Again there was no service and again D moves to dismiss.
"When a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys [citations]. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney [citation].' [Citations.]" (County of Orange v. Smith (2005) 132 Cal.App.4th 1434, 1444 [.) In other words, when a litigant accepts the risks of proceeding