Olson

FACTS AND PROCEEDINGS

The Incident Plaintiff Lance Olson’s personal injury complaint alleges that an incident occurred on August 18, 1995, at 16340 Golden State Boulevard, Madera, California. On that date, Olson alleges that he and defendant Roy Roberts “were in front of [Roberts’s] home. [Roberts] entered his home and returned outside with a semi automatic pistol in his possession. [Roberts] carelessly and without regard to [Olson’s] safety handled the pistol in a manner causing it to discharge with the bullet st[r]iking [Olson] in the chest.” The Lawsuit & Default On September 19, 1995, Olson filed a personal injury complaint against Roberts, alleging negligence and the intentional torts of assault and battery. Olson requested compensatory damages according to proof for lost wages, medical expenses, loss of earning capacity, and general damages.

2. The day after Olson’s complaint was filed, the court prepared and filed a notice of case management conference to be held on January 18, 1996. The court mailed the notice to Olson’s lawyer with directions to notify the defendant of the conference. In October 1995, the summons and related proof of service were filed with the court.…