HAWKS v. CLARA B. HAWKS
Filed 8/10/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
| DIXIANNE HAWKS, Plaintiff and Appellant, v. CLARA B. HAWKS, Individually and as Trustee, Defendant and Respondent. | B187011 (Los Angeles County Super. Ct. No. NC036943) |
APPEAL from an order of the Superior Court of Los Angeles County, Patrick Madden, Judge. Reversed.
Dixianne Hawks, in propria persona, for Plaintiff and Appellant.
No appearance on behalf of Defendant and Respondent.
I. Introduction
Plaintiff, Dixianne Hawks, appeals from an order dismissing her complaint concerning title to real property brought against a number of defendants after the death of her father, Thomas Hawks.[1] Relying solely on Code of Civil Procedure,[2] section 583.410, subdivision (a) the trial court dismissed the action without prejudice at an order to show cause hearing for failure to serve defendants with the summons and complaint. We reverse.
II. Background
The complaint was filed on May 5, 2005. The July 19, 2005 minute order states the case was set for an order to show cause for failure to file a proof of service. On July 18, 2005, plaintiff filed an affidavit requesting a three-month extension of time to serve the complaint. Plaintiff, who is representing herself, stated: she was disabled; she needed counsel to represent her in the matter; and there was a matter pending in Northern California between her and one of the defendants in this action. Plaintiff did not appear at the order to show cause hearing on July 19, 2005 wherein the trial court dismissed this action solely pursuant to section 583.410, subdivision (a), without prejudice. Plaintiff's timely appeal followed.
iii. Discussion
The trial court dismissed the action solely pursuant to section 583.410, subdivision (a) which provides in pertinent part: â€
