PRETRIAL ADJUDICATION
...Dismissal
......Involuntary: Discretionary
.........Relief from
10 Cards On This Topic:

P’s notices of appeal from judgment of dismissal, and from minute order denying his motion to vacate, dismissed where appeal from judgment untimely and he could not appeal from denial of motion to vacate dismissal.

Insurer's reopening and reconsideration of earthquake claim tolls the revived 1-yr. period to bring earthquake claims set forth in CCP 340.9.

Party "cannot justly be permitted to seek relief under [CCP 473(b)] from sanctions imposed for deliberate failure to respond to discovery or oppose discovery motions."

Probate court should have transferred, not dismissed, conservator's elder abuse complaint.

P entitled to relief from dismissal for atty negligence or mistake only where P failed to oppose dismissal motions; Code Civ. Proc. §473 does not abrogate discretionary dismissal statutes.

Dismissal reversed where issue of whether machine which injured P was/was not a power press in meaning of Labor Code was erroneously determined by judge rather than jury.

Code Civ. Proc. §473 doesn’t mandate relief from dismissal for failure to serve complaint within 3 years just because P’s counsel files affidavit avowing fault.

Code Civ. Proc. §473 —which deprives ct. of discretion where dismissal results from attorney neglect—does not apply to discretionary dismissal statutes.

P’s Code Civ. Proc. §473 motion for relief from dismissal for delay in prosecution must offer new, reasonable excuse for delay, not merely supplement arguments used to oppose motion to dismiss.

Service of motion to vacate on attorney after dismissal entered effected personal jurisdiction.