Bailey v. Austin

Banke, Presiding Judge.

On June 30, 1986, the superior court ordered the plaintiff-appellant in the present action to provide responses to certain interrogatories within ten days or suffer the consequence of having her case dismissed with prejudice. The plaintiff did not comply with this order, and on June 15, 1986, the trial court consequently entered an order dismissing her complaint. On that same day, however, the plaintiff filed a voluntary dismissal, which purported to be without prejudice. She later refiled the action, and the defendants responded by raising the defense of res judicata.…