Computer and Marriage Crashed; So Does Appeal

A Tustin lawyer who asked for a second chance to argue an Orange County Superior Court case because his computer and his marriage crashed during the first try has failed to win any sympathy from the state Court of Appeal.

The Santa Ana court ruled this week that lawyer Thomas Key did not lose a 1995 civil case because he was beset by personal and professional problems. Instead, the court said, Key intentionally failed to respond to numerous pretrial deadlines as part of his litigation strategy.

Among other reasons Key gave for losing the case were statements that he suffered an emotional breakdown, that his wife filed for divorce, that his office staff failed to alert him to critical court appearances and filings, that his stepfather and a close friend died and that his computer crashed.

The appeals court said in its May 11 ruling that his excuses were “riddled with inconsistent statements.”