What is the test for giving notice of a motion to dismiss an action?
California, United States of America
The following excerpt is from Maher v. Milestone Fin. LLC, D075088 (Cal. App. 2019):
Second, where the "requisite notice [to dismiss an action] has not been given to the plaintiff," "the trial court lacks jurisdiction to make the order [of dismissal.]" (Harris v. Board of Ed. of City and County of San Francisco (1957) 152 Cal.App.2d 677, 680 (Harris) [where no formal notice of request to dismiss action is given, affidavits that contained requests for dismissal are insufficient].) Here, because the notice of the
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