Calvert v. Berg

¶1 Mark Calvert and over 600 individual investors appeal a trial court’s imposition of sanctions for failure to comply with court orders to provide certain information to Moss Adams.1 The investors claim that the trial court erred when it delayed granting their CR 41(a)(1)(B) motion for voluntary dismissal until after the *468deadline for compliance with the court orders. Because the court erred when it did not grant the investors’ motion promptly, measured by the posture of the case at the time the motion was filed, we reverse.

FACTS

¶2 Frederick Darren Berg defrauded hundreds of investors through…