P1287 Following dismissal based on a trial court's order sustaining a demurrer without leave to amend, and an appellate court's decision remanding the case to the trial court with directions to grant leave to amend, plaintiff has thirty days from service of the remittitur to file an amended complaint, and failure to do so subjects the action to dismissal; a plaintiff's decision not to amend until a companion appeal was decided was strategic and not the result of mistake, so the resulting dismissal is not a proper subject for relief under Code of Civil Procedure section 473.

PAGARIGAN v AETNA (Delayed Amendment) 158 CA4 38 [See: CCP 472b, 473; Jerry's Shell v Equilon 134 CA4 1058, P/AT 1/06]