California Court of Appeal

In an appeal from an order granting plaintiffs' motion to set aside the dismissal of a legal malpractice action, Code Civ. Proc. section 473(b): 1) plaintiffs' motions to dismiss the appeal, for relief from default in failing to file a respondents' brief, and for judicial notice, is denied where a) the dismissal was in writing and signed by the trial court, section 581d, rendering the order setting it aside appealable as a postjudgment order, section 904.1(a)(2), b) the declarations supporting the motion for relief from default in not timely filing a respondents' brief, and c) the documents attached to the related judicial notice request fail to show good cause justifying relief from the extensive delay; and 2) the trial court's order vacating the dismissal is affirmed where plaintiffs are entitled to relief under section 473(b)'s attorney-fault provision.

Appellate Information

• Published 2016/02/16

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel