SewTech USA v. Jackson CA4/1

INTRODUCTION

The clerk's dismissal of this action on December 5, 2012 was entered pursuant to a

request for voluntary dismissal with prejudice, nominally filed in propria persona by

Flaster alone, after Respondents' counsel had withdrawn as attorney of record. As of that

time, both Appellants (also in propria persona) were in default status and had brought

several ex parte requests for immediate from default. They were told by the trial court to

bring noticed motions instead.

Once Respondents obtained counsel, their application to set aside the clerk's

dismissal was filed as an ex parte matter and later set for hearing. Over opposition by

Appellants, the trial court set the clerk's dismissal aside, stating in the June 28, 2013

minute order that "given the timing of events (e.g., [Respondents] allegedly consenting to

a dismissal when defaults were already obtained) and the contentious history between the

parties, as well as no evidence to contradict [the individual Respondent's] declaration, the

court determines that the Request for Dismissal was erroneously entered. [¶] The Court

further notes that [Appellants] continued to be in default.…