Jameson

Jameson v. Desta

Good Law
101 Cal. Rptr. 3d 345·179 Cal. App. 4th 672·2009 Cal. App. LEXIS 1882
Court of Appeal of CaliforniaNovember 23, 2009D053089California4,340 words

Opinion

Opinion

Aaron, J.

I.

INTRODUCTION

In April 2002, Barry S. Jameson filed a complaint against Dr. Taddese Desta, alleging numerous claims stemming from Dr. Desta’s allegedly negligent medical treatment of Jameson while Jameson was incarcerated at the Richard J. Donovan Correctional Facility. In September 2005, the trial court granted Dr. Desta’s motion to dismiss the case for lack of prosecution on the ground that Jameson had not diligently served Dr. Desta with a summons and complaint. In a prior appeal, this court concluded that the trial court erred in dismissing the action for lack of diligent service. (Jameson v. Desta (July 2, 2007, D047824), opn. mod. July 26, 2007 [nonpub. opn.] (Jameson I).)

On remand, the trial court issued an order authorizing Jameson to appear at court hearings by telephone. The trial court later dismissed the action without prejudice on the ground that Jameson failed to appear telephonically at a case management conference and at a subsequent hearing on an order to show cause. On appeal, Jameson contends that the trial court erred in dismissing the action on this ground. Jameson also contends that the trial court erred on remand in failing to enter a default…

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