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California Court of Appeal

Cole v. Hammond, 292331

Reversed. In a landlord-tenant action that had languished for several years, Defendant moved for mandatory dismissal for failure to bring the case to trial within five years. The trial court granted Plaintiff’s motion to voluntarily dismiss without prejudice and denied Defendant’s motion for mandatory dismissal. The appeals court held that Plaintiff had not met the requirements for voluntary dismissal and the trial court erred in denying Defendant’s motion. The case was remanded to allow Defendant to move for attorney fees based on their contention that they are the prevailing party pursuant to the rental agreement.

Appellate Information

  • Decided
  • Published 2019/07/24


  • Collins


  • California Court of Appeal


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