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.
- Decided 02/28/2007
- Published 02/28/2007
- California Court of Appeal