Hidalgo, Abel, et al.

The WCAB, sitting en banc, consolidated three cases (Hidalgo, Ayala, and Meza) involving attorney Susan Garrett and hearing representative Lance Garrett, all administered by various defendants. In each case, the Garretts objected to trial settings, then filed petitions for reconsideration (or in the alternative, removal) on or near the morning of trial from interlocutory orders setting the matters for trial, and then failed to appear at trial. The Board found this constituted an apparent pattern of bad-faith conduct designed solely to delay proceedings, since filing a petition for reconsideration halts trial-level proceedings under CCR section 10961. Because an order setting a matter for trial is not a final order subject to reconsideration (only removal is appropriate), the Board issued a Notice of Intent to impose sanctions of up to $2,500 per instance against each of Susan Garrett and Lance Garrett (up to $7,500 each total), plus reasonable expenses, attorney's fees, and costs. The Garretts were given 25 days to file written objections demonstrating good cause.