PRETRIAL ADJUDICATION
...Dismissal
......Involuntary: Discretionary
.........Attorney Mistake; §473 Relief
9 Cards On This Topic:

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

Where counsel's mistake led to a dismissal of plaintiff's case that was the functional equivalent of a default, trial ct. erred in denying mandatory relief under CCP §473(b).

No error in granting CCP §473(b) relief where P's attorney mistakenly failed to pay change of venue fee; P not required to bring CCP §1008 motion for reconsideration.

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.

Denial of CCP 473(b) motion reversed where atty's declarations 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.

Ps who failed to appear for trial because atty miscalendared the date are not entitled to mandatory relief under CCP 473(b)–judgment was not a "dismissal" against Ps for which mandatory relief applied.

Abuse of discretion to strike 1st amended complaint and dismiss with prejudice for lack of attorney's signature; CCP §473 requires set aside of dismissal as counsel admitted neglect.

Plaintiff’s attorney's sworn declaration of fault requires vacating dismissal without prejudice under mandatory provisions of Code Civ. Proc. §473.

1992 amend. to Code Civ. Proc. §473 (mandating relief from dismissal resulting from attorney mistake) applicable only to involuntary dismissal.