Sandoval

Sandoval v. Chase Fufillment Center CA5

Good Law
Court of Appeal of CaliforniaApril 15, 2013F064156California367 words

Opinion

Opinion

DISCUSSION

Because appellants failed to file an amended complaint following the sustaining of the demurrer, the trial court dismissed the action pursuant to Code of Civil Procedure section 581, subdivision (f)(2). The authority to dismiss this action rested in the trial court’s sound discretion. (Harding v. Collazo (1986) 177 Cal.App.3d 1044, 1054.) Accordingly, this court will not disturb the trial court’s ruling unless appellants establish that the trial court abused its discretion. (Ibid.) Appellants appear to argue that the trial court abused its discretion in dismissing their complaint because Juan Sandoval was not able to comment on JPMorgan Chase’s ex parte application before the trial court made its ruling. However, contrary to appellants’ position, the trial court permitted Sandoval to state his appearance and make his argument before making a final ruling. Sandoval objected to the application to dismiss his case on the ground that at the status conference, when the case was set for trial, there was no indication that the case would be dismissed. After JPMorgan Chase’s counsel responded, the trial court told Sandoval that it would “look over the matter once again, having…

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