Hiroko Sugimoto v. Exportadora De Sal, S.A. De C.V.

Opinion

WIENER, J.

Plaintiffs Hiroko Sugimoto et al. and Doreen Schoenberg et al. appeal the orders dismissing without prejudice their actions against defendants Exportadora de Sal, S.A. de C.V. (Exportadora) et al. following the removal of the actions to federal court.

1

We reverse.

Factual and Procedural Background

On September 30, 1987, a Cessna aircraft enroute to Tiajuana from Guerrero Negro crashed in Otay Mesa, killing the pilot and five passengers.

On September 29, 1988, two groups of heirs of the deceased passengers, one from Japan and the other from California and New York, filed these wrongful death actions against Exportadora, a Mexican corporation, Cessna, a Kansas corporation, and other defendants who are no longer in the action. Plaintiffs requested the cases be removed from fast track because the lead cases in regard to the crash were in federal court. The trial court suspended monitoring of the cases for six months.

In December 1988 Exportadora successfully petitioned for removal of the actions to the United States District Court for the Southern District of California. On June 23, 1989, the superior court noticed a dismissal hearing in both cases. Plaintiffs opposed the proposed dismissal asking the trial court to extend the suspensions from fast track. The court rejected plaintiffs’ request and dismissed the cases without prejudice explaining:

“There is a management problem. ... We want to set [the case] aside so we can manage it again when it comes back. We don’t want to sit here and fool around with the case and try to manage something with no jurisdiction. . . . You’re only one of about 500 that we have done this to ... . This is our administrative practice. [¶] In effect it’s administrative dismissal

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so we don’t have to sit and manage. Otherwise we will call you in every two weeks and you [will] tell me the same thing.”

The order of dismissal without prejudice entered in each case stated: