In re Marriage of James & Christine C

In In re Marriage of James & Christine C. (2008) 158 Cal.App.4th 1261, the applicant, Christine, suffered from both bipolar disorder and cancer. As a result of a combination of the disability and illness, she had required several earlier continuances. (Id. at pp. 1265-1267.) At the time of the request in question, Christine presented a declaration from her psychiatrist stating she would recommend that Christine be hospitalized for her own protection at the time scheduled for trial and that she would require a substantial period of rest before she would be capable of participating in trial. In fact, she was hospitalized at the time of trial and sent a friend to appear and explain her circumstances. Even though a treating physician confirmed Christine was hospitalized, the family court proceeded in her absence. (Id. at pp. 1269-1270.) The Court of Appeal, characterizing bipolar disorder as "a potentially incapacitating mental illness which may result in disability under the ADA," held it was an abuse of discretion not to grant a continuance, in light of Christine's hospitalization. (Id. at pp. 1273-1274.)