California Appellate Tracker

Gee v. Greyhound Lines, Inc.

November 30, 2016

An initial motion for relief from default due to attorney fault is not considered a motion for reconsideration, so it need not show new law or facts which are ordinarily needed to support a motion for reconsideration.

An initial motion for relief from default under CCP 473(b)’s mandatory provision for attorney fault is not a motion for reconsideration and so need not comply with CCP 1008’s requirement of showing new law or facts to support a motion for reconsideration. Here, the trial court correctly granted relief based on an attorney’s declaration that he had negligently failed to pay transfer of venue fees.

California Court of Appeal, Third District (Murray, J.); November 21, 2016; 2016 WL 6835513

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Gee v. Greyhound Lines, Inc.

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