Link
Link v. Cater
Opinion
Opinion
Spencer, J.
Introduction
Plaintiff Dana Link appeals from an order dismissing this action for failure to appear. The dismissal was in favor of defendants John Cater, Gary Spencer and the County of Los Angeles. We reverse.
Factual and Procedural Background
Plaintiff filed this action for assault and battery, false arrest and false imprisonment, negligent hiring and/or retention, and violation of his civil rights under 42 United States Code section 1983 on July 10, 1990. Defendants answered the complaint on August 31, 1990. Plaintiff filed his at-issue memorandum on June 18, 1991. He requested a jury trial and estimated the time for trial to be five days.
The trial setting conference was held on October 23, 1991. A mandatory settlement conference originally was set for June 22, 1992, and trial set for July 27, 1992. Both were continued a number of times; plaintiff was present in court on some of these occasions. On May 25, 1993, the case was taken off calendar and transferred to Judge Soussan G. Bruguera’s courtroom and a mandatory settlement conference was set for June 7, 1993. On June 7, a mandatory settlement conference was held; trial was set for September 13. On September 13,…