Datig

Alexandra D. Datig (plaintiff) sued Dove Books, Inc., a California corporation (Dove Books), and several other defendants on a number of theories all of which were based on the factual circumstance that she was one of several contributing authors to the book, published by Dove Books, You’ll Never Make Love in This Town Again. Plaintiff alleged that she experienced both contractual problems with Dove Books and sexual harassment by Viner, a corporate principal, officer and director.

Plaintiff’s action was dismissed after defendants, on October 23, 1996, obtained an ex parte order from the Honorable Paul G. Flynn dismissing the action for plaintiff’s alleged failure, after defendants’ demurrer was sustained with 20 days’ leave to amend, to file an amended complaint on or before October 21, 1996. Plaintiff was not present at the hearing on the ex parte application, and there is no evidence that plaintiff received proper notice. In fact, plaintiff had filed her amended complaint on October 21, 1996. When defendants, after being informed of such fact, would not stipulate to vacate the judgment, plaintiff filed a motion to vacate the judgment. The motion was heard by the…