Di Benedetto v. Lais
Plaintiff and appellant Lawrence Di Benedetto appeals from an order dismissing his civil action. The Attorney General, representing defendants and respondents J. Lais and L. Smart, two prison officials,[1] concedes that we should reverse the judgment of dismissal. Having reviewed the briefs and the record, we concur.
The trial court previously sustained defendants’ demurrer to plaintiff’s second amended complaint, denied leave to amend, and entered judgment against plaintiff. Although concluding the demurrer was properly sustained, this court reversed the judgment, concluding that plaintiff was entitled to further amend the complaint to attempt to state a cause of action. Our dispositional language included the following: “The matter is remanded to the superior court, and that court shall modify its May 18, 2009, order so as to grant [plaintiff] a specified reasonable amount of time within which to amend his pleading.†(Di Benedetto v. Lais, supra, F060165.)
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