Shayan v. Spine Care Orthopedic Physicians, No. B293857 (D2d8 Jan. 8, 2020)
Under Code of Civil Procedure § 473(b)’s mandatory relief provision, a Court is required to relive a moving party from a default or dismissal if its attorney files a declaration owning up to a mistake. But mandatory relief under § 473(b) is limited to relief from “defaults” and “dismissals,” which the more modern case law reads somewhat literally. A loss that is not a default or dismissal is not subject to mandatory relief.
Which is what happened here. Defendants failed to show up at trial. But instead of putting them into default, the trial court held a bench trial in their absence ultimately awarded relief to plaintiffs. That’s not a default, so no mandatory § 473(b) relief.
Affirmed.
Under Code of Civil Procedure § 473(b)’s mandatory relief provision, a Court is required to relive a moving party from a default or dismissal if its attorney files a declaration owning up to a mistake. But mandatory relief under § 473(b) is limited to relief from “defaults” and “dismissals,” which the more modern case law reads somewhat literally. A loss that is not a default or dismissal is not subject to mandatory relief.
Which is what happened here. Defendants failed to show up at trial. But instead of putting them into default, the trial court held a bench trial in their absence ultimately awarded relief to plaintiffs. That’s not a default, so no mandatory § 473(b) relief.
Affirmed.