judicial efficiencypolicy favoring disposition on the merits outweighsLerma v

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Appeal - Notice
Policy Favoring Disposition on Merits Outweighs Judicial Efficiency
(Lerma v. County of Orange)

Policy Favoring Disposition on Merits Outweighs Judicial Efficiency
(Lerma v. County of Orange)

As we emphasized in Bahl v. Bank of America (2001) 89 Cal.App.4th 389, at pages 398-399, “Judges are faced with opposing responsibilities when continuances for the hearing of summary judgment motions are sought. On the one hand, they are mandated by the Trial Court Delay Reduction Act (Gov. Code, § 68600 et seq.) to actively assume and maintain control over the pace of litigation. On the other hand, they must abide by the guiding principle of deciding cases on their merits rather than on procedural deficiencies. [Citation.] Such decisions must be made in an atmosphere of substantial justice. When the two policies collide head-on, the strong public policy favoring disposition on the merits outweighs the competing policy favoring judicial efficiency. [Citation.]” This is not a case where a party has been dilatory in its efforts and the court needs to seize control of the situation and force the party to engage in diligent pursuit of litigation objectives. It is simply a case in which the frailties of mankind’s physical housing created a brief interference with the efficient resolution of a motion.

Lerma v. County of OrangeG0321207/13/04

Jul 13 2004

G032120
[PDF] [DOC]

Lerma v. County of Orange 7/13/04 CA4/3

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