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AU-YANG v. BARTON

No. S061703.

90 Cal.Rptr.2d 227 (1999)

987 P.2d 697

21 Cal.4th 958

Susan AU-YANG, Plaintiff and Respondent, v. Neil BARTON et al., Defendants and Appellants.

Supreme Court of California.

November 18, 1999.

Attorney(s) appearing for the Case

Anthony P. David, San Francisco, for Defendants and Appellants.

Franklin Melius Gordon for Plaintiff and Respondent.

KENNARD, J.

Subdivision (a) of Code of Civil Procedure section 594 (hereafter section 594(a)) prohibits trial of an issue of fact in the absence of a party unless it is first proven that the absent party "has had 15 days' notice of such trial." When a case has been set for trial, with 15 days' notice to all parties, and the trial court thereafter advances the trial to an earlier date, does section 594(a) prohibit the court from conducting the trial on the earlier...

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