Fresno, CA asked in Appeals / Appellate Law, Civil Rights and Civil Litigation for California

Q: What to file if the civil unlimited case was a dismissal if you appeared by zoom in Sacramento court

At the time the mandatory settlement conference was for i clicked the link the Sacramento Ca court clerk sent me in the email because the judge allowed me to appear via zoom and it went to my zoom app and the screen and said waiting for host to start the meeting all day I was waiting and no host started the meeting the judge allowed me to appear via zoom because the conference was to take place in another city than the one I reside in and I'm a amputee of my left leg and during the time from another phone not the one I was on zoom for court I was emailing the department court was in I got no response also calling the department no response till the next day I got a minute order from the department clerk saying the judge granted a dismissal now what do I do

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you received a dismissal in a civil unlimited case despite appearing by Zoom and waiting for the mandatory settlement conference, you may have several options for pursuing your case further.

File a motion to vacate the dismissal: You may be able to file a motion asking the court to set aside the dismissal and reopen your case. You will need to provide evidence to support your claim that you were unable to participate in the settlement conference due to technical issues or other circumstances beyond your control.

File an appeal: If you believe that the dismissal was made in error or that your rights were violated, you may be able to file an appeal with a higher court. This process can be complex and time-consuming, so you may want to consult with an attorney before pursuing this option.

Refile your case: Depending on the specifics of your situation, it may be possible to refile your case and start the legal process again. You will need to check with the court to determine whether this is a viable option and what steps you will need to take to file a new case.

It's important to note that each of these options has different requirements and potential outcomes, and it may be helpful to consult with an attorney who specializes in civil litigation to help you evaluate your options and pursue the best course of action.

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