Roman
Roman v. Usary Tire & Service Center
Opinion
Opinion
Aldrich, J.
Introduction
Plaintiff and appellant Robert Roman (Roman) appeals from the order of dismissal of his action for wrongful termination against defendants and respondents Usary Tire and Service Center and Dan Usary (collectively, Usary) for failure of his counsel to appear at a hearing on an order to show cause (OSC). Roman contends the trial court erred and abused its discretion in denying his motion for relief and his motion for reconsideration.
We reverse the order of dismissal and remand for further proceedings consistent with this decision.
Factual and Procedural Background
The complaint was filed on January 13, 1991. On November 5, 1991, Roman filed the at-issue memorandum. The trial court ordered the matter to arbitration. The arbitration was set for May 22, 1992. Roman’s counsel did not appear for the arbitration until almost an hour after the time it was scheduled to commence. The arbitrator cancelled the arbitration before Roman’s counsel arrived.
On May 29, 1992, the trial court set a hearing for June 30, 1992, for Roman and his attorneys to show cause why this action should not be dismissed for failure to attend the arbitration hearing. The notice stated,…