Ayala

Ayala v. Gutierrez CA2/2

Good Law
Court of Appeal of CaliforniaSeptember 3, 2013B243006California1,131 words

Opinion

Opinion

BACKGROUND

Plaintiff and appellant Mabel Ayala brought suit against various defendants, including David Gutierrez and Old Mission Financial, Inc. (Old Mission), in December 2010. In April 2012, Gutierrez and Old Mission filed a motion for leave to file a cross- complaint against Ayala. A week later they filed a motion to compel production of documents and a motion to compel further answers to form interrogatories. Each of these three motions was set to be heard on May 30, 2012. On May 30, before defendants’ motions were heard, Ayala filed a dismissal of the entire action with prejudice. At the hearing on the motions, Ayala’s attorney informed the trial court of the voluntary dismissal. Nevertheless, the trial court entertained oral argument and took defendants’ motions under submission. Later that day it issued an order granting the discovery motions and the motion for leave to file a cross-complaint. Furthermore, in connection with the discovery motions, it ordered that plaintiff pay Gutierrez and Old Mission $760.50.

DISCUSSION

Plaintiff attempts to appeal from the order granting the discovery motions and leave to file the cross-complaint. Generally, an appeal may not be…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.