October 14, 2021 Order to Show Cause Hearing A-21-828840-C
Channel: JUDICIAL JIU-JITSU
Date: 2023-05-08

Judge Peterson ordered Nona Tobin to show cause why her complaint should not be dismissed for failure to serve it within 120 days. Judge Peterson signed an order submitted by Tobin's attorney voluntarily dismissing the complaint, but kept the hearing on the calendar for another purpose. Judge Peterson wanted to see if Tobin's counter-claims and cross-claims had been properly served. This seems innocent enough but was it? For one thing, it cost Tobin $1,300 in attorney fees. Second, all the attorneys and the judge agreed Tobin's counter-claims had been properly served, but they were all wrong when they said they had been properly answered.  No party filed any responsive pleading to Tobin's 3/8/21 counter-claims or cross-claims, and Judge Peterson did not let Tobin take anyone's default.