California Court of Appeal

Trial court's denial of plaintiff's motion for attorney fees and a motion for relief from default is reversed where: 1) plaintiff's counsel's reliance on his adversary's agreement was excusable neglect, as a matter of law, even though plaintiff's counsel was at fault for failing to file a timely written stipulation to extend the time for filing a motion for attorney fees; and 2) the motion under section 473 did not have to satisfy the requirements of section 1008, as recent cases have held that if the requirements for relief under section 473 are met, the viability of relief under section 473 cannot be defeated because the requirements for relief under section 1008 may not also have been met.

Appellate Information

• Decided 05/11/2010
• Published 05/11/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edward M. Picozzi for Plaintiff and Appellant.


• For Appellees:
  
• J. Brian Watkins for Defendants and Respondents.