Shiloh v. Shiloh CA5

Filed 5/10/16 Shiloh v. Shiloh CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

KENNY J. SHILOH, F071607 Plaintiff and Appellant, (Super. Ct. No. S1500CV278507) v.

KENNARD SHILOH, et al., OPINION Defendants and Respondents.

THE COURT* APPEAL from an order of the Superior Court of Kern County. David R. Lampe, Judge. Kenny J. Shiloh, in propria persona, for Plaintiff and Appellant. No appearance for Defendants and Respondents. -ooOoo- Kenny J. Shiloh is a self-represented litigant who filed a complaint against four of his family members alleging they committed identity theft and defamed him. He appeals an order dismissing his action without prejudice, which the trial court entered after he failed to appear at a hearing set pursuant to an order to show cause (OSC) regarding

* Before Hill, P.J., Levy, J. and Gomes, J.

dismissal. Kenny appears to argue that the trial court erred in dismissing the action because there was good cause for his lack of appearance at the hearing. As Kenny fails to affirmatively show error, we affirm the dismissal order. FACTUAL AND PROCEDURAL BACKGROUND The clerk’s transcript, and the register of action/docket included therein, provide an overview of the pleadings and court actions: On January 16, 2013, Kenny filed a complaint for defamation, identity theft, infliction of emotional distress and conspiracy, against his parents, Kennard and Patricia Shiloh, his brother Kevin Lamar Shiloh, and his uncle Michael Shiloh. Kenny alleged that, beginning in 1995, his family inappropriately used his identifying information to obtain credit, verbally abused him, opened his mail and went through his telephone messages, and gave him a vehicle with stolen license plates. He alleges his family’s actions caused him to be hospitalized 27 times in nine years due to severe depression and post-traumatic stress disorder. On March 27, 2013, Patricia and Michael filed a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. Kenny filed an opposition to the demurrer, which is not in the appellate record. On April 22, 2013, the trial court sustained the demurrer with leave to amend and gave Kenny 20 days leave to serve and file a first amended complaint. Kenny filed an amended complaint against the same family members on May 20, 2013, alleging causes of action for declaratory and injunctive relief, identity theft, conspiracy to commit fraud, negligence, harassment, defamation, abuse of dependent adult and emotional distress. On October 3, 2013, the trial court dismissed the case without prejudice on its own motion. The trial court found the case had been abandoned because no proof of service had been provided to the court after the amended complaint was filed, and the matter had been on calendar numerous times for an OSC regarding dismissal, but Kenny failed to appear.