California Court of Appeal

Denial of relief from dismissal of plaintiff's motions for attorney's fees is affirmed over claims that: 1) relief was mandatory under Code of Civil Procedure section 473(b), because she and her co-counsel were both at fault in failing to get the documents filed on time; 2) even if only the discretionary provision of section 473(b) applies to her situation, the trial court abused its discretion in failing to grant relief on the basis of her mistake, inadvertence, surprise or excusable neglect.

Appellate Information

• Decided 01/11/2008
• Published 01/11/2008

Judges

• ROTHSCHILD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Esther B., in pro. per.;   and Burton Mark Senkfor, Beverly Hills, for Plaintiff and Appellant.


• For Appellees:
  
• Rockard J. Delgadillo, City Attorney, Claudia McGee Henry, Assistant City Attorney, and Kim Rodgers Westhoff, Deputy City Attorney, for Defendants and Respondents City of Los Angeles, Willie Williams, Steven J. Carey, Richard A. Duran, Garth M. Grugal, Timothy G. Anderson, Vivienne T. Gomez, Michael J. Diaz and Joan M. Schipper., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Louis R. Mauro and Stacy Boulware Eurie, Assistant Attorneys General, Christopher E. Krueger, Jonathan K. Renner and Hiren Patel, Deputy Attorneys General, for Defendants and Respondents Attorney General of California and California Department of Justice., Larry Bolton, Susan Diedrich, and Elizabeth Sandoval, for Intervener, Defendant and Respondent California Department of Social Services.