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CCP 473(b)

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Jimenez v. Chavez (2023) 2023 WL 7485525

A motion for relief from default and default judgment under CCP 473(b)'s mandatory attorney fault provision must be brought within six months (and a motion under the section's discretionary provision must be brought diligently and in no case more than six months).  This decision holds that "six months" means either six calendar months or 182 days, whichever is longer.  Though… Read More

Dollase v. Wanu Water Inc. (2023) 2023 WL 4835032

The trial court erred in denying defendant's motion for relief from default based on CCP 473(b)'s attorney error provision.  The motion for relief was filed within six months after entry of judgment and was accompanied by an attorney declaration of fault.  It was in proper form, or at least substantially complied with the form requirements.  A motion for relief must… Read More