If a disabled/Elderly In Pro Per Plaintiff has trouble speaking at an OSC RE: Dismissal For Failure To Proceed hearing (because Plaintiff didn't make a "court-ordered" personal appearance, but did appear via CourtCall in previous hearing), because the Plaintiff has throat problems (that will require surgery) and has been diagnosed with Vocal Cord Paralysis, wouldn't that be grounds for the Superior Court to continue said hearing to another court date, until Plaintiff is out from surgery and able to speak clearly (because Plaintiff has a right to present verbal argument), or would the court be justified in ignoring Plaintiff's medical condition and dismissing the case.
Answer
If you got to the point of a dismissal for failure to proceed hearing, after ignoring a court order to appear in person, which by the way means "in person" not on the phone, you have been dragging the case on FAR too long without proceeding. The court has no obligation to keep continuing your case until you get ready to proceed. If you can't proceed because of your physical condition, you have no right to proceed pro per and should have hired an attorney. The court was entirely justified in dismissing the case if you have delayed it that far and don't hire someone qualified to speak for you if you can't do it yourself.
