Home/Case Law/JOSE AVINA vs. HIGH-TECH SEATING\/HARTFORD, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, COMMERCIAL CASUALTY INSURANCE COMPANY
Regular DecisionReconsideration

JOSE AVINA vs. HIGH-TECH SEATING\/HARTFORD, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, COMMERCIAL CASUALTY INSURANCE COMPANY

Filed: Jun 15, 2018
Los Angeles
ADJ1924276 ADJ1449948 ADJ1052896 ADJ1110587

CompFox AI Summary

This case involves a lien claimant's petition for reconsideration after their lien was dismissed for failure to appear at a conference. The Appeals Board denied reconsideration, finding the lien claimant's claim of excusable neglect insufficient to excuse the failure to calendar the hearing. Despite procedural issues with service of the dismissal order, the Board determined the lien claimant's explanation for missing the hearing lacked a logical connection to the settlement discussions they claimed excused their oversight. A dissenting opinion argued the dismissal was invalid due to defective service and that excusable neglect should have warranted reconsideration.

Full Decision Text1 Pages

This case involves a lien claimant's petition for reconsideration after their lien was dismissed for failure to appear at a conference. The Appeals Board denied reconsideration, finding the lien claimant's claim of excusable neglect insufficient to excuse the failure to calendar the hearing. Despite procedural issues with service of the dismissal order, the Board determined the lien claimant's explanation for missing the hearing lacked a logical connection to the settlement discussions they claimed excused their oversight. A dissenting opinion argued the dismissal was invalid due to defective service and that excusable neglect should have warranted reconsideration.

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