Burnete

Hie Burnete. (Burnete) brought-a personal injury action against La Casa Dana Apartments, L’Abri Management, Inc., and Sera Trust (collectively, La Casa Dana), arising from the purportedly dangerous condition of an apartment complex staircase. A judgment of nonsuit was entered against Burnete, who represented himself at trial. Burnete appeals from the order denying his motion to set aside the judgment.

In retrospect, Burnete realizes that he made a mistake in assuming that he could competently represent himself at trial. He says that this assumption constituted mistake or excusable neglect, justifying a set aside, and that the court abused its discretion in denying his motion. Were we to agree, no judgment against a self-represented party would ever be final. Every defendant who paid for legal counsel at trial would have to pay for a second trial after the self-represented plaintiff lost. The court did not abuse its discretion in denying relief. We affirm.

In addition, we deny La Casa Dana’s motion to dismiss and request for judicial notice, for reasons we will explain.

I

FACTS

Judgment was entered against Burnete on October 13, 2005. Burnete filed his set aside…