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California Court of Appeal

Franklin Capital Corp. v. Wilson, G36152

In a debt collection action, order vacating voluntary dismissal of case by plaintiff and instead, entering a new dismissal with prejudice is reversed as the plaintiff had the statutory right to dismiss its case without prejudice, even on the eve of a mandatory settlement conference. The dismissal for failure to attend the MSC is deemed a dismissal for failure to prosecute, and such a dismissal is without prejudice.

Appellate Information

  • Decided 02/28/2007
  • Published 02/28/2007



  • California Court of Appeal


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