Joanides v. Jubis

Joanides challenges an order dismissing his complaint on due process grounds — ■ that he was not given notice that the motion to dismiss would be considered at the hearing. The trial court entered the order in spite of the lack of notice to the plaintiff. We reverse.

Plaintiff had filed a motion to strike a memorandum of law submitted in support of defendants’ pending motion to dismiss. Plaintiff served a notice of hearing on the motion calendar, specifying only his motion to strike. The notice said nothing about the pending motion to dismiss. Defendants did not file any notice that the…