Franklin Capital Corp. v. Wilson

148 Cal. App. 4th 187, 55 Cal. Rptr. 3d 424 (2007)

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Franklin Capital Corp. v. Wilson

California Court of Appeal
148 Cal. App. 4th 187, 55 Cal. Rptr. 3d 424 (2007)

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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

Issue

Holding and Reasoning (Sills, J.)

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