CASE PROCESSING PROCEDURES; GOOD CAUSE FOR LATE FILING – In General; Standards
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1110.01000 – In General; Standards
Finding good cause to excuse answer filed 10 days late when attorney for Respondent’s declaration in support of its motion to file a late answer explained that the answer was not timely filed due to “an honest mistake and miscommunication between departments” within the law firm that resulted in a calendaring error. The answer was drafted five days prior to the filing deadline, and Respondent had mistakenly believed that the answer was filed. The mistake and miscommunication were due to staff adjustments to working entirely from home with reduced hours and modified assignments in the first weeks of the stay-at-home order due to the COVID-19 pandemic. The attorney along with some of the staff responsible for calendaring and administrative support struggled with illness and caring for family members, in addition to performing their job duties from home during the beginning of the pandemic. The complaint was issued less than one month after California’s stay-at-home order required all employees deemed “non-essential” to remain at home. The unexpected shift from conducting business in-person to virtually from home caused widespread disruption to business practices. , This explanation was sufficient to establish good cause. (pp. 14-15)