Dohner v. Vazquez
While serving time in prison, plaintiff retained counsel to file and pursue this action. But the attorney abandoned the case without informing his client. Counsel failed to attend a status conference, eventually resulting in dismissal of the case. Plaintiff moved to set the dismissal aside based on abandonment. The trial court denied the motion, stating that plaintiff had not diligently prosecuted the action. Plaintiff sought reconsideration, arguing that the case was not subject to dismissal for lack of prosecution because it had not been on file for at least two years. The trial court denied the motion, concluding it had authority to dismiss the case even though it had been on file for less than one year.
Court conclude that the trial court abused its discretion in denying plaintiffs motion to set aside the dismissal. Plaintiffs counsel abandoned the case without plaintiffs knowledge or consent. Counsel did not communicate with his client, making it virtually impossible for plaintiff to monitor the proceedings. Nor was the case properly dismissed for lack of prosecution given that so little time had passed since it had been filed. Court therefore reverse.
Comments on Dohner v. Vazquez