Lane v. Thomas
Plaintiff Barbara E. Lane appeals from a judgment of the Marin County Superior Court entered pursuant to a stipulation to judgment entered into by other parties to a cross-complaint to her action to quiet title to an easement running across her property. She contends that the trial court abused its discretion in dismissing her first amended complaint as a terminating sanction due to her failure to participate in the action. Respondents William and Nancy Stewart, Steven and Liza Andre and Richard T. Thomas (parties to the stipulated judgment) contend that Lanes appeal is untimely. Lane contends: (1) that the appeal is timely; (2) that the trial court abused its discretion in dismissing her first amended complaint as a sanction for her nonappearance and refusal to participate; (3) that she was not given adequate notice of the pending dismissal sanction; and (4) that the stipulation to judgment on the cross-complaint erroneously refers to the dismissal of her first amended complaint as being with prejudice, when in fact it was dismissed without prejudice. (Respondents concede the judgment erroneously referenced the dismissal as with prejudice, but contend that the error does not require reversal of the judgment.)
Court conclude the appeal is timely and shall affirm the judgment.
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