LIBBY, et al. v. COSTELLO
Motion for Mandatory Relief to Vacate Dismissal of Action and to Reinstate Case
Motion type
Parties
Ruling
Case No. CU24-04147
Motion for Mandatory Relief to Vacate Dismissal of Action and to Reinstate Case
Though Plaintiff counsel attempts to characterize this most recent nonappearance as a single incident undeserving of terminating sanctions, the record shows the entire case has been an ongoing demonstration of negligent representation by this firm. Earlier admonitions and sanctions imposed by the court did nothing to cause counsel(s) of record to correct their failures. Terminating sanctions is not something the court imposes without multiple incidents and good cause. Here, despite ample warning, plaintiff did not even respond to the OSC for terminating sanctions when issued on March 2, 2026. The Motion to Vacate the Dismissal is DENIED.
KANDEL v. KIA AMERICA, INC., et al.
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