Lam v. Allstate Indemnity Co.

The trial court’s order dismissed Lam’s complaint on two alternative grounds — because he failed to appear at the hearing on the motion to dismiss to prosecute his complaint, and because his complaint failed to state a claim. I would affirm the dismissal for failure to prosecute, which is without prejudice. But I would reverse the dismissal for failure to state a claim, which implicated res judicata. Accordingly, I would affirm in part and reverse in part the trial court’s order, and I respectfully dissent to the majority opinion, which affirms that order on the ground that Lam failed to…