![]() The court subsequently denied the Hammonds’ motion to vacate the dismissal. The court granted Cole’s oral motion and dismissed the case. ![]() However, at the hearing on the motion, Cole sought to voluntarily dismiss the case without prejudice pursuant to section 581, subdivision (b)(1). In January 2018, the Hammonds moved for mandatory dismissal of the action for failure to bring the case to trial within five years, pursuant to Code of Civil Procedure section 583.360.1 A mandatory dismissal would be considered a determination on the merits entitling the prevailing party to attorney fees under Civil Code, section 1717. After the parties conducted some initial discovery, the case languished for several years. A few months after the initiation of the lawsuit in 2011, the Hammonds began paying their rent to Cole and Gieleghem. ![]() Gieleghem appeared as Cole’s attorney in the lawsuit. The Hammonds refused, and Cole sued, alleging breach of contract and related claims. Cole and Gieleghem demanded that the Hammonds pay their rent directly to them pursuant to the assignment. Appellants Betty and Ruth Hammond (the Hammonds) were Sheen’s tenants. In satisfaction of that judgment, Cole and Gieleghem obtained an assignment of rent from Sheen for a residential property. * INTRODUCTION In a prior action, Neil Gieleghem and respondent Gregory Cole, both attorneys, obtained a $500,000 judgment against Anthony Sheen, a landlord, based on unpaid fees for legal services they rendered to Sheen. Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of part I of the Discussion section. Gieleghem Law Office and Neil Gieleghem for Plaintiff and Respondent. APPEAL from an order of the Superior Court of Los Angeles County, Maria E. BETTY HAMMOND et al., Defendants and Appellants. COLE, Plaintiff and Respondent, B292331 (Los Angeles County Super. Filed 7/24/19 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR GREGORY A.
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