Krause v. Borjessan

By writ of certiorari, plaintiff seeks review of an order of the trial court dismissing plaintiffs’ action without prejudice, but refusing to dismiss defendants’ cross-complaint.

The facts are these:

March 26, 1958, plaintiffs commenced this action for relief by reason of the terms of an alleged contract.

April 1, 1959, plaintiffs moved for a voluntary dismissal without prejudice. This motion was served on defendants’ counsel and noted for argument on April 6, 1959. The trial court continued the hearing until April 13, 1959.

April 9, 1959, defendants filed an answer, setoff, and cross-complaint.…