PRETRIAL ADJUDICATION
...Judicial Arbitration
......Sanctions
.........Non-Appearance
 17 Cards On This Topic:
  • Limited discretionary power to dismiss for non-appearance.
  • Judge has limited, discretionary dismissal power for delay in or lack of prosecution.
  • Sanctions for failure to attend judicial arbitration after being ordered to do so.
  • Ct. had no authority to dismiss action after P refused to participate in court-ordered arbitration in order to get trial de novo.
  • Code Civ. Proc. §128.5 sanctions required for P's bad faith/delaying tactics in refusing to present evidence at 2 court-ordered hearings, then proceeding directly with trial de novo request.
  • Ct may, under certain circumstances, invoke limited, inherent discretionary power, but not as sanction for nonparticipation in mandatory arbitration.
  • Sanctions for failure to attend judicial arbitration after being ordered to need not be based on court's actual expenses.
  • Code Civ. Proc. §177.5 sanctions for failure to attend judicial arbitration after being ordered to do so: Requirement of order.
  • Sanctions for failure to attend judicial arbitration after being ordered to do so.
  • Sanctions for failure to attend judicial arbitration after being ordered to do so—procedure.
  • Failure to attend judicial arbitration after being ordered to do so: Amount of Code Civ. Proc. §177.5 sanctions
  • Monetary sanction upheld when D twice failed to attend arbitration hearing and undertook other delaying tactics.
  • D's "willful" failure to attend arb hearing insufficient to support sanctions against attorney for failure to attend; atty waived objection on appeal by not raising at hearing or on motion.
  • Involuntary dismissal is not authorized by arbitration statutes and too drastic a sanction for refusal to participate in arbitration.
  • Even without express statutory authority, trial ct. may invoke limited, inherent discretionary power to dismiss claims.
  • Dismissal not proper sanction for misuse of arbitration system even though P requested trial de novo after waiving loss of earnings and not presenting any evidence at arbitration.
  • D who failed to appear at arbitration and filed for trial de novo cannot be refused on local rule good cause ground when arbitration statutes impose no prerequisites.


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