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California Civil Procedure, Keyed to Levine, 6th Ed.
Garcia v. McCutchen
Citation:
16 Cal. 4th 469, 66 Cal. Rptr. 2d 319, 940 P.2d 906 (1997)Facts
Plaintiff Danny Garcia filed a personal injury complaint in Fresno County Superior Court in April 1993 arising from an altercation at Henry’s Cantina. Garcia’s attorney, Tomas Nunez, failed to serve defendants within sixty days as required by local rules, failed to file an at issue memorandum within 180 days, failed to file required status conference declarations, and failed to appear at multiple status hearings despite court orders. The trial court imposed monetary sanctions on Nunez totaling $425 for various violations. After Nunez failed to appear at a June 21, 1994 hearing on the court’s sua sponte motion to dismiss, Judge Keyes dismissed Garcia’s entire action without prejudice. Nunez subsequently filed a motion for reconsideration, explaining he believed a prior demurrer ruling had obviated the dismissal hearing, but the trial court denied the motion.
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