DeCesare

DeCesare v. Lembert

Good Law
144 Cal. App. 3d 20·192 Cal. Rptr. 354·1983 Cal. App. LEXIS 1846
Court of Appeal of CaliforniaJune 20, 1983Civ. No. 6038California1,897 words

Opinion

Lead Opinion

Andreen, J.

This is an appeal from an order imposing sanctions and costs against plaintiff and her attorney following the granting of a motion that the case be dropped from the calendar. We reverse with directions.

Facts

Plaintiff filed a medical malpractice action against defendant Dr. Lembert. The trial was set for June 30, 1980, in Fresno. At the mandatory settlement *22 conference, plaintiff’s counsel asked for a continuance because of a conflict with a trial in Pasadena. Judge Pettitt, who was conducting the settlement conference, responded that he could not entertain an oral motion and that court rules required a formal written motion for continuance be filed, which would be heard by the presiding judge. No motion was filed.

On June 27, the Friday preceding the Monday trial date, an attorney, Bergstrom, telephoned defendant’s attorneys to inform them he, Bergstrom, would appear for plaintiff on Monday and move for a continuance because plaintiff’s counsel were still unavailable to try the case.

On June 30, the court ordered the case trailed until July 1, because of the unavailability of a department.

On July 1, Bergstrom made an oral motion for continuance before Presiding…

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