Trial Court Abused Discretion In Dismissal of Mold Injury Case; Error Counsel's Fault

LOS ANGELES - A California Appeals Court has reinstated a toxic mold injury claim that was dismissed when, in an attempt to toll the statute of limitations, the plaintiff's attorney failed to properly serve the complaint. Erna Segal v. State Farm General Insurance Company, et al., No. B148567 (Calif. Ct. App., 2nd Dist., Div. 4).

In an unpublished opinion filed Oct. 25, the California Court of Appeal, Second District, ruled that the trial court abused its discretion when it opted to dismiss the complaint, rather than sanction the attorney for delaying prosecution of the claim.

The case was being considered …