Shiloh
Shiloh v. Value Rental Car CA2/3
Opinion
Opinion
INTRODUCTION
Plaintiff Kenny J. Shiloh appeals the trial court’s order dismissing his case for failure to appear at trial. We affirm because there is no evidence the court abused its discretion.
FACTS AND PROCEDURAL BACKGROUND
This case arises out of Plaintiff’s August 2013 purchase of a vehicle from Defendants Value Rental Car, Inc., Maryam Jailani, and Aziz Jailani, and a related dispute over vehicle payments and smog testing. After Plaintiff refused to pay for the vehicle, Defendants repossessed it and obtained a $2,966.86 small claims court judgment against Plaintiff for damage to the vehicle. In September 2013, Plaintiff sued Defendants in this case, alleging Vehicle Code violations, harassment, Business and Professions Code violations, fraud, identity theft, defamation, and intentional infliction of emotional distress, praying for more than $50,000 in damages. The court set trial for October 6, 2014, and continued it to October 9, 2014. On October 9, 2014, the court dismissed the case pursuant to Code of Civil Procedure section 581, subdivision (b)(3), noting “[t]here is no appearance of the plaintiff.”