Andre

Andre v. General Dynamics, Inc.

Good Law
118 Cal. Rptr. 95·1974 Cal. App. LEXIS 1361·43 Cal. App. 3d 839
Court of Appeal of CaliforniaDecember 12, 1974Civ. 43683California3,038 words

Opinion

Opinion

Lillie, J.

Plaintiff appeals from judgment of dismissal of her action “as to all parties and all causes of action” for her failure timely to prosecute.

Plaintiff filed her complaint alleging slander by all defendants, General Dynamics, Inc., Jack Sloan, Jack Mason and Joe Till, on September 2, 1969; service of process was made only on defendant General Dynamics, Inc. which filed its answer November 7, 1969.

An at-issue memorandum was filed by plaintiff on May 11, 1970; she filed certificate of readiness on January 18, 1971, and the trial was set for May 3, 1971. On motion of General Dynamics, Inc. trial was continued to July 12, 1971; on plaintiff’s motion it was continued to October 4, 1971; again on plaintiff’s motion trial was continued to May 1, 1972, and settlement conference set for April 10, 1972; on the next day the court reinstated the trial date of May 1, 1972, and the parties were notified; on May 1,1972, the cause trailed to May 2,1972, on which day the cause was taken off calendar on request of plaintiff’s counsel under the belief the matter was settled. Subsequently plaintiff refused to accept a settlement offer made by General Dynamics, Inc.

On October 16, 1972,…

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