Youngworth

Youngworth v. Stark

Good Law
1991 Cal. App. LEXIS 811·232 Cal. App. 3d 395·283 Cal. Rptr. 668·91 Daily Journal DAR 8711·91 Cal. Daily Op. Serv. 5615
Court of Appeal of CaliforniaJuly 18, 1991A051761California4,403 words

Opinion

Opinion

Haning, J.

—Plaintiffs/appellants Dianne Youngworth and Eugene Hrynkiewicz appeal a judgment dismissing their personal injury action against defendants/respondents Jennifer and Phyllis Stark due to appellants’ counsel’s failure to comply with local delay reduction (fast track) rules. They also appeal the denial of their motion to vacate the judgment of dismissal. We affirm.

Procedural History and Facts

In March 1990 appellants’ attorney, Brian Workman, filed a complaint for personal injuries on their behalf in Humboldt County Superior Court. At the time, Humboldt County was voluntarily participating (Gov. Code, § 68618.5) in a fast track program pursuant to the Trial Court Delay Reduction Act (TCDRA) (§ 68600 et seq.) and Humboldt County Superior Court Local Delay Reduction Rules, rule 13.1 et seq. Local rule 13.7 provides that for any failure to comply with local rules or court orders, unless good cause is shown, the trial court may impose sanctions upon the client and/or attorney including, but not limited to monetary sanctions and dismissal.

Almost immediately, Workman ran afoul of the local rules. On April 16, 1990, the court issued a minute order setting a date for hearing…

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