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California Civil Procedure, Keyed to Levine, 6th Ed.
Franklin Capital Corp. v. Wilson
Citation:
148 Cal. App. 4th 187, 55 Cal. Rptr. 3d 424 (2007)Facts
In November 2003, Franklin Capital Corporation filed a debt collection action against Douglas Wilson for breach of contract involving default on an outstanding loan balance of approximately $57,000. Throughout 2004 and into 2005, Franklin’s counsel repeatedly failed to appear at case management conferences, an order to show cause hearing, and a summary judgment hearing. The case was dismissed once but later reinstated with a $900 sanction against counsel. In April 2005, Wilson filed a motion to dismiss for delay in prosecution under the two-year discretionary rule. On May 6, 2005, Franklin’s counsel failed to appear at a mandatory settlement conference that Franklin had requested, prompting the trial court to issue an order to show cause regarding dismissal and/or sanctions, scheduled for May 19. On May 18, the day before the OSC hearing, Franklin’s counsel filed a voluntary dismissal without prejudice. Counsel again failed to appear at the May 19 hearing, and the trial court vacated the voluntary dismissal and entered a dismissal with prejudice for lack of prosecution.
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