Logourl black
From our private database of 14,100+ case briefs...

Franklin Capital Corp. v. Wilson

California Court of Appeal
55 Cal. Rptr. 3d 424 (2007)


Facts

Franklin Capital Corporation (Franklin) (plaintiff) sued Douglas Wilson (defendant) for breach of contract because Wilson had defaulted on a loan with a balance of approximately $57,000. Franklin’s attorney failed to attend a case-management conference, and the trial court issued an order to show cause contemplating dismissal. Franklin’s attorney also failed to appear for the order-to-show-cause hearing, and the case was dismissed. The trial court later set aside the dismissal and replaced it with a monetary sanction. However, Wilson moved to dismiss the action for delay in prosecution. Franklin’s attorney did not appear at a mandatory settlement conference. The trial court set another order-to-show-cause hearing regarding dismissal and/or sanctions for May 19, 2005. On May 18, 2005, Franklin’s attorney filed a voluntary dismissal of the case without prejudice. The trial court proceeded with the May 19 hearing, and Franklin’s attorney did not appear. The trial court then dismissed the case with prejudice. Franklin filed a motion to vacate the dismissal, which was denied. Franklin appealed to the California Court of Appeal.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Sills, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 223,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.