California Court of Appeal

Relief from a default judgment, granted when the defaulting party's attorney files an affidavit attesting that the default was the product of his mistake, is mandatory even if the affidavit is executed by an attorney not licensed to practice in California, but licensed in another jurisdiction.

Appellate Information

• Decided 03/24/2005
• Published 03/24/2005

Judges

• RUSHING, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of J. Byron Fleck, J. Byron Fleck, San Jose, for Petitioner Maria Rodrigues., Olimpia, Whelan, Lively & Ryan, David W. Lively, Mina Almassi, San Jose, for Real Party in Interest Fernando Machado Jaoquim et al.


• For Appellees:
  
• No appearance for Respondent.