Fernandez v. JPMorgan Chase Bank CA2/7
Plaintiffs Patricia and Manuel Fernandez appeal from a judgment of dismissal entered after the demurrer of defendant JPMorgan Chase Bank N.A. (Chase) to plaintiffs’ first amended complaint was sustained without leave to amend. Plaintiffs’ attorney withdrew from representing them when the demurrer was pending, but the attorney served the order granting the motion to withdraw by mailing it to plaintiffs at an incorrect address. As a result, plaintiffs did not learn that they were self-represented until shortly before the demurrer hearing, having failed to file opposition or retain new counsel. Plaintiffs filed a case management statement requesting a continuance and appeared at the hearing, but the court failed to address the continuance request and sustained the demurrer without leave to amend. We conclude that the failure to grant the continuance was an abuse of discretion that denied plaintiffs their right to be heard. We accordingly reverse.
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