California Court of Appeal

In a personal injury case against a City, involving a bicycle accident, the trial court's grant of plaintiff's motion for discretionary relief from a grant of summary judgment to the City, under Code of Civil Procedure section 473(b), on grounds of 'mistake, inadvertence, surprise or excusable neglect' by plaintiff's counsel, is affirmed where: 1) cognitive impairment caused by a combination of plaintiff's counsel's illness and his medicated state led him to overlook readily available evidence; and 2) the trial court has broad discretion on this type of motion.

Appellate Information

• Published 2016/09/02

Judges

• STREETER

Court

• California Court of Appeal

Counsel