Ryan v. Rosenfeld CA1/4
Steve Ryan sued Mitchell Rosenfeld and related parties for causes of action that grew out of a real estate investment partnership. Four years later, when the case was called for trial, Ryan’s attorney was not ready to proceed, and Ryan himself was absent from court, hospitalized in Tijuana, Mexico. The trial court dismissed the action for delay in prosecution. (Code Civ. Proc., § 583.410, subd. (a).) Two months later, Ryan filed a motion to vacate the dismissal under section 473, which was denied. He now appeals from that denial but has not provided us with a sufficient record to assess the judge’s reasons for denying the motion. As a result, we find he has forfeited his only issue on appeal, and we will affirm the order denying Ryan’s motion to vacate.
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