Generally, a trial court may not dismiss an action when neither party has sought dismissal and there has been no notice or hearing on whether there exists a justifiable cause for dismissal. In Gordon v. Brotherhood of Locomotive Firemen Enginemen, 109 Colo. 347, 125 P.2d 140 (1942), the court held that the trial court erred in sua sponte dismissing a complaint. In so ruling the court stated: