Legal Question in Civil Litigation in California

Re: ccp473(d) motions

The advice by Cohen and Hoffman is sound. Follow it, Good luck.

Re: ccp473(d) motions

There are many nuances to Section 473, and its application to any given case depends on the facts of the case. I defeated a claim of attorney fault in a case a year or two ago by showing that the attorney who claimed to be at fault really could not have caused the default at all; the judge had tentatively decided to grant the motion but I persuaded him to change his mind. Most other cases in which claims based on Section 473 are more subtle.

There are other instances in which an attorney who is responsible for a default has been unable to get it set aside, but the rationale of those cases is too intricate (and, in all honesty, too boring) to set forth here.

If you would like to contact me directly with more details about your case I will see if I can offer any guidance.

Re: ccp473(d) motions

What you're looking for has to be more fact-specific. As a general rule, a 473 motion will be granted if there is atty mistake, and, as in the case of default, you're not looking to set aside more than 6 months after the default. Such a motion will be denied if you're past the time limit, or if there's no attached declaration, or if the attached declaration does not declare all of the facts for mistake and inadvertence (473 requirements) that are in the body of the motion. So, you may be able to find such a case, but you have to consider the facts of your situation, and then look for something parallel to it.

Re: ccp473(d) motions

I don't think you'll find one, because the court is obligated to set aside defaults upon an attorney affidavit of mistake, neglect or surprise. Of course, the motion should be made within a reasonable time. Good luck!