Vernon

Vernon v. Great Western Bank

Good Law
1996 Cal. App. LEXIS 1181·51 Cal. App. 4th 1007·59 Cal. Rptr. 2d 350·96 Daily Journal DAR 15155·96 Cal. Daily Op. Serv. 9246
Court of Appeal of CaliforniaDecember 18, 1996B091406California3,061 words

Opinion

Opinion

Vogel, J.

J.—Marie A. Vernon sued Great Western Bank (GWB), alleging three distinct causes of action, two of which were resolved against Vernon on GWB’s motion for summary adjudication of issues. Vernon then failed to diligently prosecute her case to completion and it was dismissed. She appeals, contending the dismissal was an abuse of discretion and that the summary adjudication order was erroneous. We affirm the order of dismissal. We also hold that, on appeal from an order dismissing a case for a failure to diligently prosecute, there can be no review of earlier, nonappealable summary adjudication orders that would otherwise be reviewed on an appeal from a final judgment on the merits.

Background

In January 1991, Vernon sued GWB for gender and race discrimination and for employment “retaliation.” GWB answered and in December 1993, moved for summary adjudication of Vernon’s discrimination causes of action. The trial court (Hon. Lois Anderson Smaltz) granted the motion, leaving Vernon with her retaliation claim. Trial was set for March 1, 1994. Vernon’s lawyer (Alvin Pittman) appeared on that date and orally moved for a continuance on the ground that he was engaged in another…

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