Law Practice
Apr. 22, 2017
Relief when your attorney drops the ball
A recently decision restricts the circumstances in which a party may rely on their attorney's affidavit of fault for relief from a judgment or case dismissal.
Ogochukwu Victor Onwaeze
Principal
Onwaeze Law Group
Phone: (213) 738-5066
Email: onwaeze@aol.com
Ogochukwu Victor Onwaeze is the principal of Onwaeze Law Group, APC focusing on civil litigation
Code of Civil Procedure Section 473(b) allows a court to grant relief to a party due to mistake, inadvertence or excusable neglect. The discretionary prong of the statute allows the court to grant relief from "judgment, dismissal, order, or other proceeding." The mandatory prong, when based on an attorney's sworn affidavit of fault, allows the court to vacate any "resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or ... ...
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