Schlothan v. Rusalem

[41 Cal2d Page 415] Plaintiffs appeal from a judgment of dismissal entered upon motion of defendants pursuant to Code of Civil Procedure, section 581, subdivision (3), which provides that ""an action may be dismissed . . . when either party fails to appear on the trial and the other party appears and asks for the dismissal. . . ."" The determinative question is whether the trial court abused its discretion in ordering the dismissal of the action under the circumstances hereinafter set forth. Plaintiffs so contend and the record sustains their position.