Is the responding party in a post decree short trial entitled to recover costs if the moving party fails to appear?
Fairfield, CA |
Short cause trial set and parties ordered to file updated I&E 14 days prior to trial. Both parties live out of state but were ordered personal appearance. Responding party filed I&E and appeared as ordered. Moving party (with attorney) did not file I&E and failed to appear as ordered. Moving attorney did appear asking to remove issue from calendar without prejudice. Responding party received phone voice message from moving attorney assistant re: intent to vacate trial with one court day remaining before trial. Responding party made attempts to contact moving attorney but was unable because attorney had left office for the day. Responding party traveled ~800 miles to attend trial the following court day. The issue was removed from calendar upon request from moving attorney