Center

INTRODUCTION

Michael Lee Center appeals the trial court’s order dismissing without prejudice his personal injury action after a single misstep of failing to appear at a trial readiness conference. We conclude the dismissal was an abuse of discretion and we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Michael filed an action against his brother, Eric Willie Center, in May 2022 for defamation, intentional infliction of emotional distress, and assault. Eric was personally served with the summons and complaint in June. The case was assigned to Judge John S. Meyer. Throughout the litigation, Michael proceeded as a self-represented litigant, while Eric was represented by counsel, Robert W. Wright. In August 2022, Eric demurred to the complaint and moved to strike Michael’s claim for punitive damages. Michael filed an opposition and appeared at the hearing on December 9. After hearing the parties’ arguments, Judge Meyer overruled the demurrer and denied the motion to strike. At the case management conference that followed the rulings, Judge Meyer set a trial readiness conference for September 21, 2023, jury trial for October 6, and ordered all motions and discovery to be completed by…