Altman v. Altman

For three main reasons, I am unable to concur in the Court’s decision affirming the refusal to set aside an order dismissing plaintiff’s complaint. First, the order dismissing the complaint was clearly improper. On defendants’ motion, the superior court scheduled a hearing on a “status conference.” Nothing in the notice suggests that the conference would consider whether to dismiss plaintiff’s complaint for failure to make progress, or that the consequence of nonappearance would be dismissal. When plaintiff, then proceeding pro se, failed to appear at the discovery conference, the court…