Cradduck v. Embassy Suites

In another victory in Palm Springs, Yoka | Smith attorneys Christopher Faenza and Arpine Esmailian commenced trial on a liability case, challenging causation and damages from an alleged chemical burn from a hotel spa. During trial, plaintiff and his counsel abandoned the case, made a motion for mistrial, then filed a 170.1/170.6 against the court. Defendants filed a motion to dismiss pursuant to CCP section 581(l) based on plaintiff’s failure to appear for trial in direct violation of a court order to appear.  While plaintiff counsel claimed that his life was at stake, defendants presented evidence that counsel made appearances in other courtrooms and made numerous misrepresentations to the court.

After a 2-hour hearing, the trial judge granted defendants’ motion to dismiss the case pursuant to section 581(l) based on plaintiff’s refusal / failure to appear for trial and for his failure to comply with local rules.