James C. v. Christine C.

I.

Introduction

Christine C. 1 appeals from the judgment entered on James C.’s petition for dissolution of marriage. Christine suffers from bipolar disorder and breast cancer. She was representing herself in propria persona and was hospitalized when the trial court denied her request under the Americans with Disabilities Act of 1990, 42 United States Code section 12101 et seq. (ADA) and California Rules of Court, rule 1.100 to continue the trial. The trial was concluded in her absence. Christine contends the trial court erred by denying her ADA request.

Although we sympathize with the trial court’s frustration over the many continuances granted in this case, including a prior unopposed ADA request *1265 from Christine, we conclude her request for ADA accommodation under California Rules of Court, rule 1.100 should have been granted. It is undisputed Christine suffers from bipolar disorder, a potentially incapacitating mental illness, and, on her psychiatrist’s recommendation, checked herself into a hospital the day before trial was set to resume. Rule 1.100(f) permits a trial court to deny a request for accommodation under the ADA only if the court makes a…