California Court of Appeal

Trial court order denying defendants' application under Code of Civil Procedure sec. 4731 to vacate a default judgment is reversed and remanded where: 1) defendants' appeal is timely; and 2) the trial court erred in denying defendants' motion to vacate as defendants' failure to answer and prevent the entry of their default was caused by their counsel's neglect and they substantially complied with the requirement to submit a proposed answer with the motion.

Appellate Information

• Decided 06/26/2009
• Published 06/26/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Law Offices of M. Candice Bryner and M. Candice Bryner, Irvine, for Defendants and Appellants., Rogers, MacLeith & Stolp and Thomas J. Stolp, Fountain Valley, for Plaintiff and Respondent.