Buus

STATEMENT OF FACTS AND PROCEDURAL HISTORY

We need not belabor the underlying facts. In 2020, Buus’s client, plaintiff Samarian Products LLC (Samarian), filed this case against several defendants, including Ruben Khoilian, for breach of contract, fraud, and several other causes of action. On September 8, 2023, during a remote hearing, counsel answered ready for trial. The case was referred to a different department for trial assignment as a one-day bench trial. The court ordered that the case would begin trailing on September 11 through September 14. The matter was placed on one-hour call. “Counsel/parties are placed on call to remain ready to respond to phone calls from the court immediately (no later than within 15 minutes) and be ready to appear upon 1 hours’ notice to commence trial. Counsel/parties have provided the Clerk with contact numbers that will assure receipt of trial assignment notification and immediate response. [¶] Failure to comply may subject counsel to sanctions pursuant to Code of Civil Procedure section 177.5.”1 According to the minute order, no court reporter was present. Although every other minute order in the record is accompanied by a clerk’s certificate…