"It has apparently become common practice in the trial courts for litigants to file a “notice of unavailability” under the guise of Tenderloin Housing Clinic, Inc. v. Sparks (1992) 8 Cal.App.4th 299. The notice purports to advise the other parties to the action—as well as the court—that the deliverer will not be available for a prescribed period of time and that no action may be taken during that period which adversely affects the unavailable party. To the extent this practice attempts to put control of the court’s calendar in the hands of counsel—as opposed to the judiciary—it is an impermissible infringement of the court’s inherent powers."
The Court
Carl v. Superior Court (Nov. 21, 2007, G038766)
p. 2
About Me
- Pamela Fasick
- I am a member of the California bar who provides research and writing services to other attorneys on a contract basis. The vast majority of my work has been in civil litigation. As a result I'm interested in new developments in a broad range of subject areas and, of course, any changes in civil procedure.
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