California Court of Appeal

In plaintiffs' action for negligence and trespass against defendants arising from a flood and damage to their property after a water pipe burst in their leased apartment, dismissal of the suit by the trial court on its own motion is affirmed as the trial court gave proper notice of its order to show cause as to why the case should not be dismissed for delay in prosecution, in accordance with Cal. Rules of Court, rule 3.1340(b). However, the trial court's order of dismissal is modified to one without prejudice.

Appellate Information

• Decided 12/21/2009
• Published 12/21/2009

Judges

• BIGELOW, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Schuler & Brown, Jack M. Schuler and Sam D. Ekizian, Van Nuys, for Plaintiffs and Appellants.


• For Appellees:
  
• Law Offices of Thomas O'Hagan and Harvey L. Goldhammer, Glendale, for Defendant and Respondent Atwain Zipora., Goates & McCarthy and David A. Koester, San Diego, for Defendant and Respondent Wilshire Manning Homeowners Association.