[DOWNLOAD] "Lang V. Hochman" by California Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Lang V. Hochman
- Author : California Court of Appeals
- Release Date : January 31, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Code of Civil Procedure section 473, subdivision (b) provides mandatory relief from default or dismissal on the basis of an attorneys affidavit of fault "unless the court finds that the default or dismissal was not in fact caused by the attorneys mistake, inadvertence, surprise, or neglect." (Italics added.) The issue in this appeal is whether section 473, subdivision (b) relief applies when the attorney and the client are both responsible for discovery misconduct that results in a default judgment or dismissal of the action. We find that section 473, subdivision (b) relief is available only when the attorney is solely responsible for the misconduct.