PRETRIAL ADJUDICATION
...Dismissal
......Voluntary: Relief From
3 Cards On This Topic:
  • The CCP §473(b) mandatory relief provision did not provide relief for an attorney missing a court-ordered deadline to move for attorneys fees.
  • Motion to set aside voluntary dismissal should have been brought under CCP §473(b), not §473(d), as it arose from atty mistake; as tactical decision to voluntarily dismiss was not a void order, court erred in setting it aside.
  • CCP §473(b)'s mandatory relief from dismissal was unavailable to undo P's voluntary dismissal of her action.