PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Posthearing Possibilities: SJ Granted
.........Code Civ. Proc. §473 Relief
 11 Cards On This Topic:
  • Code Civ. Proc. §473 relief available after grant of summary judgment.
  • No abuse of discretion in denying P's request for CCP 473 discretionary relief from SJ where atty's mistakes were inexcusable; P also not entitled to mandatory relief because it is not available for SJs.
  • P not entitled to CCP 473(b) relief where she filed motion w/in 6 mos after entry of SJ but did not serve it, and both filed and served 2d motion after 6-month period expired; D contesting merits at hearing did not waive time limit.
  • Court has no authority under CCP 473 (b) to excuse a party's noncompliance with the 6-month time limit of that very statute.
  • Mandatory attorney fault provision of CCP 473(b) does not empower court to set aside a summary judgment, only a default judgment or a dismissal.
  • CCP 473 motion seeking discretionary relief, with attorney's declaration suggesting fault does not require court to grant relief under mandatory provision for attorney fault where no request for mandatory relief.
  • Super. ct. lacked jurisdiction under Code Civ. Proc. §473 to reconsider grant of SJ where inadvertence asserted by counsel was no more than late recognition of inadequate briefing.
  • Code Civ. Proc. §473 applies to grant of summary judgment.
  • SJ for P properly set aside for inadvertence and excusable neglect.
  • Motion for relief under Code Civ. Proc. §473 is addressed to sound discretion of trial ct.
  • Code Civ. Proc. §473 relief denied due to failure of moving party to show counsel’s inadvertence or excusable neglect.


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