Legal Question in Civil Litigation in California
My sister had won a summary judgement against me on September 7,2011.The judge set a date to appoint 3 referees each presumably for my sisters and I for December 16,2011.On October 9,2011 I received a letter from the court with the following information:
Case category:Partition
Hearing:Court Trial
No appearance by either party.
Entire action dismissed
Without prejudice
I'm assuming they were referring to the trial date set for Oct.7,I thought that a summary judgement cancelled the need for a trial.
When I looked at the court records the following is written:
DATE TO SET OSC RE DESTRUCTION OF FILE 10-9-2012.What does all of this mean?
1 Answer from Attorneys
It is hard to tell without seeing the entire file, but it is possible that this order (the dismissal) was a mistake by the judge who had not realized that the trial date was (or should have been) vacated.
Its also possible that the summary judgment order did not dispose of all triable issues and that the judge expected the parties to appear to complete this portion of the case.
If your sisters have an attorney, you can expect that attorney to take some action to rectify or clarify the situation.
Again, I am only guessing based on the limited information available.
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