California Court of Appeal

Trial court's decision setting aside a $4 million default judgment against a gas station chain caused by the negligence of its in-house attorney, which arose from a class action employment lawsuit, is affirmed where: 1) in-house counsels come within Code of Civ Proc. section 473; 2) under the facts of the case, it does not make any difference that the in-house attorney was also a corporate officer; and 3) the mandatory relief provision of section 473 is constitutional.

Appellate Information

• Decided 05/07/2010
• Published 05/07/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Spiro Moss and Gregory N. Karasik for Plaintiff and Appellant.


• For Appellees:
  
• Littler Mendelson, Tony R. Skogen, Fermin H. Llaguno and Keith A. Jacoby for Defendant and Respondent.