Schuh v. Chase CA2/5

Filed 7/26/24 Schuh v. Chase CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

CHARLENE SCHUH, B328607

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. v. 20STCV30352)

STEVE WAYNE CHASE,

Defendant and Respondent.

APPEAL from orders of the Superior Court of Los Angeles County, Barbara Meiers, Judge. Reversed and remanded. SP Law Group, Vladimir Shagramanov for Plaintiff and Appellant. No appearance for Defendant and Respondent.

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After counsel for Charlene Schuh failed to appear at an order to show cause, the trial court dismissed her complaint against Steve Wayne Chase. Six days later, Schuh filed a motion to set aside the dismissal based on attorney error pursuant to Code of Civil Procedure section 473, subdivision (b) (§ 473(b)).1 Schuh’s set-aside motion included a declaration of her attorney, taking full responsibility and explaining that the nonappearance resulted from his own calendaring error. The trial court denied the set-aside motion. We reverse. I. FACTUAL AND PROCEDURAL BACKGROUND A. Schuh’s Complaint Against Chase and the Trial Court’s Issuance of an Order to Show Cause re Dismissal On August 11, 2020, Schuh filed a complaint for damages against Chase, alleging breach of contract, breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress, assault, and battery. Schuh alleged that in 2004, in consideration of their becoming engaged to marry, Chase orally agreed to “pay all of [p]laintiff’s [] living expenses” and “take care of the plaintiff and have a family together.” Beginning in the spring of 2020, Chase allegedly breached the agreement to pay Schuh’s monthly expenses. In support of her tort claims, Schuh alleged a series of acts amounting to physical, emotional and sexual abuse by Chase. Schuh prayed for damages in excess of $10,000,000, punitive damages, and prejudgment interest.