Brokaw

FACTS

The Brokaws filed the underlying lawsuit against Morey and Upton, LLP, who represented them in an earlier lawsuit arising out of personal injuries sustained by Dennis. In this lawsuit, Bonnie, through her counsel, filed a 2018 request to dismiss her claim without prejudice, which the trial court clerk entered immediately. In 2018 and 2021, respectively, Bonnie twice unsuccessfully moved to 2 vacate her voluntary dismissal. The trial court also denied the Brokaws' subsequent motion for reconsideration based on Code of Civil Procedure section 1008, subdivision (a). (All further statutory references are to the Code of Civil Procedure.) Relevant here, a notice of entry of the court's denial of the second motion to vacate was served on the Brokaws on August 30, 2021, followed two months later by service of the notice of the order denying reconsideration on November 5. The Brokaws filed their notice of appeal on December 30, 2021. Both that document and their subsequently filed civil case information statement only identified the trial court's denial of their reconsideration motion as the order challenged on appeal. We requested briefing on whether there is an…