Le Master v. Tolson
Plaintiff filed suit against the Santa Rosa City School District (the district) and various of its officials, including Brian Tolson (collectively, the district defendants), and two attorneys who represented Le Master in a previous action against the district, alleging that the district defendants had failed to accommodate his learning disability and that his attorneys had not adequately represented him. The trial court sustained a demurrer to his first amended complaint with leave to amend. After expiration of the statutory time to amend, the district defendants wrote the trial court, without copying Le Master, requesting that the case be dismissed and the court complied. Le Masters subsequent motion to set aside the judgment was denied. Because defendants were required to give Le Master some notice of the request for dismissal, the trial court erred in granting that request and the judgment of dismissal must be reversed.
The judgment is reversed and the matter is remanded to the trial court for further proceedings.
Comments on Le Master v. Tolson