Castro v. Sacramento County Fire Protection District

Opinion

PUGLIA, P. J.

Code of Civil Procedure section 473 (section 473) provides the court shall vacate any “default judgment or dismissal” against a party resulting from attorney mistake, inadvertence, surprise or neglect. We are asked to decide if a “dismissal” within the meaning of this provision includes a judgment of dismissal for failure of plaintiff to comply with the statute of limitations. The superior court concluded section 473 relief is unavailable in those circumstances. We agree with the superior court.

I

Plaintiff sustained personal injuries on October 4, 1993, when the vehicle she…