Allen & Kimbell v. Bender CA2/6

FACTS AND PROCEDURAL BACKGROUND

Appellant signed a retainer and fee agreement for respondent law firm to represent her as beneficiary under a family trust. In February 2012,1 respondent filed suit against appellant for unpaid legal fees and costs. Appellant subsequently rejected an

1 All further date references are to the year 2012. arbitration award in respondent's favor and elected a trial de novo. A mandatory settlement conference (MSC) was set for November 30, and trial was set for December 11. The court ordered the parties to participate in a case management alternate dispute resolution settlement session (CMADRESS). Appellant objected to the assigned neutral, and an alternate neutral was assigned on July 30. On November 2, appellant filed an ex parte application to continue the trial and MSC. The court denied the application. Appellant did not attend the November 30th MSC and was accordingly sanctioned. The civil docket sheet indicates that appellant filed a "notice of removal" on December 11. That same date, the court received a letter from appellant's physician stating that appellant had been evaluated on December 6 "with complaints of fatigue and inability to…