CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Motion to Vacate (CCP §473)
............Cases Granting Relief
8 Cards On This Topic:

Party who made erroneous CCP §998 settlement offer due to lawyer's assistant's typo may obtain relief pursuant to the discretionary relief provision of CCP §473 (b).

Although discretionary relief not available, b/c dismissal resulted from Ps' new atty's failure to oppose demurrers and timely file an amended complaint, Ps entitled to relief under CCP §473(b)'s atty-fault provision.

When default caused in fact by atty's mistake, inadvertence, surprise, or neglect, and s/he files a sworn affidavit attesting to such, s/he need not disclose the reasons for the mistake or neglect.

Denial of CCP 473(b) motion improper where atty's declaration of fault showed his discovery neglect was a basis for mandatory relief and P did not contribute any negligent or intentional acts to the terminating sanction.

Showing of "attorney fault" and no client involvement sufficient to make relief from default mandatory under CCP 473 (b).

Court had jurisdiction re CCP 473 relief as F's papers in substantial compliance despite late filing of proposed answer.

W entitled to relief from judgment where attorney's "affidavit of fault" and failure to appear at trial constituted "default" in meaning of Code Civ. Proc. §473 (b).

Cases discussed wherein section 473 relief has been granted.