Lyons v. Wickhorst

REYNOSO, J., Concurring.

I agree with the majority that dismissal here was too drastic a penalty for appellant’s refusal to present evidence at the arbitration proceedings, which took place (1) after Hebert v. Harn (1982) 133 Cal.App.3d 465 [184 Cal.Rptr. 83], had furnished a reasonable basis for assuming that such tactics would not impair appellant’s right to a trial de novo and (2) before a contrary possibility had been indicated by the filing of Genovia v. Cassidy (1983) 145 Cal.App.3d 452 [193 Cal.Rptr. 454]. Accordingly, I concur in reversing the judgment of dismissal.

On the other hand,…