Daniel v. Public Storage CA2/5

── Daniel v. Public Storage CA2/5 ── Court: California Court of Appeal Date: May 08, 2026 Category: General Filed 5/8/26 Daniel v. Public Storage CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE DARIEN DANIEL, B337705 Plaintiff and Appellant, (Los Angeles County Super. Ct. No. v. 22STCV02807) PUBLIC STORAGE, Defendant and Respondent. APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Small, Judge. Affirmed. Darien Daniel, in pro. per., for Plaintiff and Appellant. Lewis Brisbois Bisgaard & Smith, Raymond K. Wilson, Jr., and Demian M. Casey for Defendant and Respondent. ________________________  Plaintiff and appellant Darien Daniel appeals from a judgment in favor of defendant and respondent Public Storage, also known as Shurgard Storage Centers LLC Public Storage #08509 (Public Storage), following Daniel’s failure to timely file a third amended complaint in this contract action. On appeal, Daniel contends the trial court erred by: (1) refusing to provide an extension of time to file a third amended complaint; (2) allowing a small claims case to proceed concurrently; and (3) ruling on a statement of disqualification. We conclude the trial court did not abuse its discretion by refusing to extend the time for Daniel to file a third amended complaint and dismissing the contract action without prejudice. In addition, there is no evidence that a proper order to abate the small claims matter was requested or refused, and in any event, no harm has been shown. Lastly, Daniel presented no evidence or argument showing a due process violation. Therefore, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On January 24, 2022, Daniel, representing himself, filed an action against Public Storage for breach of contract (the contract action). He did not attach a copy of the contract or allege a contract provision that was breached. Public Storage filed a demurrer in March 2022. On May 4, 2022, Public Storage filed a separate small claims case against Daniel (the small claims case). On November 1, 2022, the trial court in the contract action sustained the demurrer with leave to amend. In December 2022, 2 Public Storage filed an ex parte application for an order of dismissal for failure to timely file an amended complaint, but after Daniel filed an amended complaint on November 21, 2022, Public Storage withdrew the ex parte application. The amended complaint did not attach a copy of the complaint or allege any specific contract provision that was breached. In December 2022, Public Storage filed a demurrer to the amended complaint. On January 18, 2023, Daniel filed an opposition to the demurrer. He included a request for judicial notice of several purported facts, including that the small claims case should be combined with the contract action. In February 2023, the matter was reassigned from Judge Steven Kleifield to Judge Michael Small. On March 2, 2023, Daniel filed a document entitled “Judicial Notice to Hon. Judge Kleifield; Brief for Defendants Motion to Strike, Demurrer and CMC.” At the end of the document, he requested the small claims case be combined with the contract action. After a hearing on the demurrer on March 14, 2023, Judge Small sustained the demurrer to the amended complaint with leave to a