California Court of Appeal

In a suit for personal injuries resulting from a motor vehicle accident, in which plaintiff was a passenger on a Greyhound bus involved in the accident, the trial court's order granting plaintiff's motion to set aside dismissal pursuant to Code of Civil Procedure section 473(b) is affirmed where: 1) section 473(b) can provide relief when an action is dismissed due to plaintiff's counsel's mistake or inexcusable neglect related to the failure to pay change of venue fees; 2) as this was plaintiff's initial application for relief under section 473(b), and not a request to reconsider a denial of relief under that section, there was no requirement that plaintiff file a motion for reconsideration under section 1008; and 3) there was sufficient evidence to justify relief under section 473(b).

Appellate Information

• Published 2016/12/06

Judges

• MURRAY

Court

• California Court of Appeal

Counsel