A protracted legal battle involving a defective sidewalk and alleged injuries has reached a pivotal moment. Elizabeth Karnazes filed a complaint against The Lauriedale Homeowners Association in the Superior Court of San Francisco City & County on July 23, 2024, after she reportedly tripped on a defective sidewalk in 2017.
The case began when Karnazes claimed to have suffered injuries due to the hazardous condition of the sidewalk managed by The Lauriedale Homeowners Association. However, procedural delays marred the progress of the lawsuit. In 2018, the superior court issued an order to show cause (OSC) questioning why the case should not be dismissed for failure to file proof of service or enter default. Over the years, multiple continuances were granted, delaying any substantive resolution.
In 2023, Elizabeth Karnazes was declared a vexatious litigant under Code of Civil Procedure section 391 by the appellate court. This designation did not impact her ongoing case against The Lauriedale Homeowners Association but underscored her history of litigious behavior. Despite this setback, Karnazes continued to pursue her claim.
The turning point came in July 2022 when another OSC highlighted that mandatory dismissal was imminent unless action was taken promptly. Karnazes responded just four days before the scheduled hearing on February 28, requesting that it be vacated and proposing a case management conference instead. Despite her efforts, the superior court dismissed her action under sections 583.310 and 583.360 for failing to bring it to trial within five years.
However, this dismissal was short-lived as the court set aside its decision on the same day and rescheduled the hearing for July 25. On March 1, another OSC regarding dismissal was issued with a new hearing date set for July 25. Before this could take place, Karnazes filed an appeal against the February dismissal order.
The appellate court ultimately dismissed Karnazes' appeal as moot because she had already obtained relief; the superior court had vacated its initial dismissal order allowing litigation to continue. The record shows that she actively participated in subsequent proceedings by filing case management statements in October 2023 and January 2024.
In conclusion, while Elizabeth Karnazes sought oral argument rights based on merits consideration under Lewis v. Superior Court (1999), these were deemed unnecessary due to the moot nature of her appeal.
This case is overseen by Judge Rodriguez with concurrence from Acting Presiding Judge Fujisaki and Judge Petrou under Case ID A167888.