CompFox AI Summary
This case concerns a lien claimant's petition for reconsideration after their lien was dismissed for lack of prosecution. The Appeals Board granted reconsideration, rescinded the dismissal order, and denied the defendant's petition to dismiss. The Board found the defendant failed to meet its burden of proof, as the lien claimant did not become a party until after the underlying claim was resolved, rendering the dismissal rule inapplicable. Furthermore, no lien conference or trial had been ordered off-calendar, negating another basis for dismissal.
Full Decision Text1 Pages
This case concerns a lien claimant's petition for reconsideration after their lien was dismissed for lack of prosecution. The Appeals Board granted reconsideration, rescinded the dismissal order, and denied the defendant's petition to dismiss. The Board found the defendant failed to meet its burden of proof, as the lien claimant did not become a party until after the underlying claim was resolved, rendering the dismissal rule inapplicable. Furthermore, no lien conference or trial had been ordered off-calendar, negating another basis for dismissal.
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