Stevenson v. Zakhar CA2/4

Filed 12/14/22 Stevenson v. Zakhar CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

ANNETTE STEVENSON, B311764

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC714372) v.

JAMES ZAKHAR et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County, Barbara A. Meiers, Judge. Affirmed. Annette Stevenson, in pro. per., for Plaintiff and Appellant. Carlson Law Group, Jason M. Murphy and Coleen H. Lowe for Defendants and Respondents.

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INTRODUCTION

Annette Stevenson appeals from the trial court’s order denying her motion to vacate and set aside the order dismissing, with prejudice, her complaint against James Zakhar, Cheryl Zakhar and The Zakhar Family Trust (collectively, Zakhar). For the reasons discussed below, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On July 18, 2018, Stevenson filed a complaint against Zakhar for breach of warranty of habitability and breach of peaceful and quiet enjoyment of premises. The trial court set the matter for a jury trial on August 5, 2019. On August 2, 2019, Stevenson moved ex parte to continue the August 5, 2019 trial date. The court denied the request. On August 5, 2019, the day trial was set to begin, Stevenson filed an ex parte request for reconsideration of her motion to continue trial. In support of her request for reconsideration, Stevenson attached letters from her physicians stating she suffers from major depressive disorder, and that she is “unable to handle undue stress or represent herself in a court of law.” The court granted Stevenson’s motion for reconsideration, and continued the trial date to January 6, 2020. The court also set a hearing for an “Order to Show Cause Re: Dismissal” for the same date. On January 6, 2020, the trial court dismissed the complaint with prejudice.1 Over a year later, on January 15, 2021, Stevenson filed a motion to vacate and set aside the court’s January 6, 2020 order of dismissal under Code of Civil Procedure section 473. Code of Civil Procedure section 473, subdivision (b) authorizes the trial