GARCIA v. McCUTCHEN

Docket No. S052920.

16 Cal.4th 469 (1997)

DANNY GARCIA, Plaintiff and Appellant, v. CHARLES McCUTCHEN et al., Defendants and Respondents.

Supreme Court of California.

August 14, 1997.


Attorney(s) appearing for the Case

COUNSEL

Tomas Nunez and Henry D. Nunez for Plaintiff and Appellant.

Steven Rood, Eisen & Johnston, Jay-Allen Eisen and Marian M. Johnston as Amici Curiae on behalf of Plaintiff and Appellant.

Borton, Petrini & Conron and Gary C. Harvey for Defendants and Respondents.


OPINION

CHIN, J.

In this case, we consider the scope of a trial court's power to dismiss an action for noncompliance with local court rules implementing the 1990 Trial Court Delay Reduction Act (Act) (Gov. Code, § 68600 et seq.). We conclude that, under the governing statutes, a court may not impose this sanction if noncompliance is the responsibility of counsel, not of the litigant. Therefore, we affirm the Court of Appeal judgment...

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