DeCesare v. Lembert

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 *22conference, 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…