Hernandez

Trial of Armando Hernandez’ action against H. Mark Fatemi was taken off calendar and removed from the civil active list because Hernandez’ counsel, Margaret Maas, was not present in court at the time the matter was ready for assignment. Indeed, Ms. Maas could not be in attendance because she was present in this court for purposes of oral argument in another case. While we are mindful of the responsibility of trial counsel to be prepared to proceed when a case is ultimately assigned to a courtroom, it is clear the court’s action under these circumstances was not warranted.

The at issue memorandum anticipated a nonjury trial lasting no more than a day. Trial was originally scheduled for February 4, 1985, and after trailing for four days was continued to April 22, 1985. It was again continued to May 20, 1985, due to the death of the wife of one of petitioner’s key witnesses. On the continued date, the parties were informed the matter could be sent out for immediate trial if they stipulated to the appointment of a judge pro tern. Petitioner agreed but real party refused, and the matter was trailed to the next day.

On May 21, 1985, prior to the 9 a.m. department 1 calendar…