Gillespie

BACKGROUND

Appellants and respondents have been involved in various actions stemming primarily from a real property dispute. In the underlying complaint, appellants sought to quiet title to the property at issue. Appellants additionally claimed they were entitled to damages based on a number of allegations including breach of contract, intentional infliction of emotional distress, racketeering, fraud, forgery, embezzlement and copyright infringement. Respondents demurred to the complaint. Following a hearing in January 2013, the trial court sustained the demurrer and granted appellants 45 days in which to amend their complaint. In September 2013, respondents moved to dismiss the action on the ground that appellants had not filed an amended complaint. At the hearing on this motion, the court noted that there was no proof of service demonstrating that appellants had been served with the minute order sustaining respondents’ demurrer. Based on this lack of service, the court concluded that the 45 days granted to appellants to amend the complaint had not commenced. Respondents’ counsel replied that appellants were present in court and the

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