Chambliss v. Regents
Plaintiff Anna Chambliss appeals from an order dismissing her medical malpractice action against the Regents of the University of California (Regents). The trial court dismissed the action pursuant to Code of Civil Procedure section 581, subdivision (b)(5), which provides for the dismissal of an action when one party fails to appear for trial and the other party requests dismissal.
Prior to the date set for trial, plaintiff had requested a continuance because of alleged discovery abuses. The trial court denied the motion. Plaintiff now claims the trial court abused its discretion in denying that motion, and abused its discretion in failing to continue the trial after it became aware of plaintiffs unavailability due to illness. Court conclude there was no abuse of discretion, and affirm the order of dismissal.
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