Gomez et al. v. Dole Food Co.
In this action for wrongful death and related claims, plaintiffs’ and appellants’ 65 heirs appeal from the order of February 15, 2012, dismissing their action against Dole Food Company, Inc., under Code of Civil Procedure section 581, subdivision (f)(2),[1] and judgment of July 2, 2012, in favor of Dole following the denial of plaintiffs’ motions to set aside the dismissal under section 473 and for relief from a cost bond order under section 1030. Plaintiffs contend the orders dismissing the action and denying mandatory relief from dismissal under section 473, subdivision (b) were erroneous as a matter of law. Plaintiffs further contend the denial of relief from cost bond was an abuse of discretion. We reverse.
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