Moyal

The trial court dismissed Esther Moyal’s complaint for personal injury and assessed monetary sanctions against her attorney Nick A. Alden for noncompliance with orders made and deadlines set under “fast track” procedures adopted pursuant to the Trial Court Delay Reduction Act. (Gov. Code, § 68600 et seq.) Moyal appeals, contending the trial court abused its discretion by enforcing fast track time limits at the expense of protecting her right to a trial on the merits. Alden also appeals, contending the trial court’s imposition of monetary sanctions was improper.

We reverse the order of dismissal while upholding the award of monetary sanctions. We will explain that while judicially declared standards for the trial court’s exercise of discretion are necessarily evolving along with changes in statutory law in the trial court delay reduction field, the important objectives of the fast track system can and must be achieved consistent with traditional due process standards.

Factual and Procedural Background

Several factors have combined to result in a very sparse record on appeal, including an incomplete designation of the record by the parties, the expedited nature of the…