Hunter v. Majdalani
Plaintiff/appellant Arthur Hunter filed the present action against his landlord, defendant/respondent Naseem Majdalani, on August 23, 2010. He filed the operative third amended complaint, alleging causes of action for breach of quiet enjoyment, negligence, and breach of habitability, on December 9, 2011. On May 22, 2012, the trial court dismissed the action “for plaintiff’s failure to comply with orders dated 4/17/12, 11/9/11, and 2/5/12.”
Plaintiff contends that the trial court dismissed his action because he failed to file a fourth amended complaint and that such dismissal was an abuse of discretion. Defendant responds that plaintiff’s action was dismissed because plaintiff failed to comply with the trial court’s order to serve verified responses to written discovery, and he urges that the dismissal was within the court’s discretion.

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