California Court of Appeal

In dispute arising from a home remodel, summary judgment for defendant and denial of plaintiff's motion to set aside the judgment is affirmed over plaintiff's claims that: 1) the trial court was required to grant relief under Code of Civil Procedure section 473(b) since his failure to oppose summary judgment was the result of attorney error; and 2) even under the discretionary provisions of the statute, the court abused its discretion in denying relief.

Appellate Information

• Decided 12/28/2007
• Published 01/16/2008

Judges

• McADAMS, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Damian Rene Fernandez, Law OFCDamian R. Fernandez, Campbell, CA, for Plaintiff and Appellant.


• For Appellees:
  
• Lawrence R. Jensen, San Jose, CA, for Defendant and Respondent.