Hernandez v. Superior Court

Opinion

YEGAN, Acting P. J.—

If plaintiff’s counsel’s serious physical illness and its debilitating effects culminating in death during the final stages of litigation are not good cause for continuing a trial and reopening of discovery, there is no such thing as good cause. A plaintiff in a personal injury action is not chargeable with the continued good health of his or her attorney. Forcing such a plaintiff to trial without counsel or adequately prepared counsel is not likely to ensure fairness, the overall policy of the law. (Gardiner Solder, Co. v. SupAlloy Corp., Inc.(1991) 232 Cal.App.3d…