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GITMED v. GENERAL MOTORS CORP.

Docket No. B066739.

26 Cal.App.4th 824 (1994)

31 Cal. Rptr.2d 625

JERRY GITMED, Plaintiff and Appellant, v. GENERAL MOTORS CORPORATION, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

July 7, 1994.

Attorney(s) appearing for the Case

COUNSEL

Jerry Gitmed, in pro. per., Taylor & Hodges and Norman F. Taylor for Plaintiff and Appellant.

Wilson & Becks, Ronald N. Wilson, Matthew Scott Duncan and Stanley A. Zamel for Defendant and Respondent.

OPINION

HASTINGS, J.

In this opinion, we hold that the trial court abused its discretion in dismissing an action after appellant filed his amended complaint one day late. We also hold that where the amended complaint has been served on the defendant before the defendant moves to dismiss the action, the defendant must give notice of any application or motion to dismiss or strike to the...

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