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.
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Appellate Information
Filed December 21, 2009
Judges
Opinion by Judge Bigelow
CounselFor Appellant: Schuler & Brown, Jack M. Schuler and Sam D. Ekizian
For Appellee: Law Offices of Thomas O’Hagan and Harvey L. Goldhammer; Goates & McCarthy and David A. Koester
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