Dismissing the complaint for litis pendentia

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Reference no: EM134045685

Question

Plaintiff received an order from the court dismissing the complaint for litis pendentia. He verified the record and found that the order of dismissal was dated September 4, 2023 but defendant only filed a motion to dismiss on October 11, 2023. Plaintiff did not receive a copy of said motion as it was sent to the wrong email address by the defendant. Worse, the motion did not even contain a notice of hearing. If you are representing the plaintiff, what would you do?

Reference no: EM134045685

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