Legal Opinion
Graham v. Beers
California Court of Appeal
Decided December 20, 1994No. B078489PublishedCited by 26 opinions
1Opinion of the Court
Opinion
GILBERT, J.
An attorney negligently fails to diligently prosecute an action. Code of Civil Procedure section 473 1 provides that upon a proper motion the court shall vacate a default judgment or dismissal entered because of an attorney’s mistake, inadvertence, surprise, or neglect. Does that mean that a trial court may not dismiss an action for failure of the attorney to diligently prosecute the action under section 583.410? No. We conclude that the mandatory language of section 473 does not apply to the discretionary dismissal statutes.
After the trial court dismissed this action for…
2Cases cited7 opinions
- Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
- Salas v. Sears, Roebuck & Co.California Supreme Court · 1986
- Billings v. Health Plan of AmericaCalifornia Court of Appeal · 1990
- Tustin Plaza Partnership v. WehageCalifornia Court of Appeal · 1994
- Wilcox v. FordCalifornia Court of Appeal · 1988
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3Cited by26 opinions
- Leader v. Health Industries of America, Inc.California Court of Appeal · 2001
- Yeap v. LeakeCalifornia Court of Appeal · 1997
- Peltier v. McCloud River RailroadCalifornia Court of Appeal · 1995
- English v. Ikon Business Solutions, Inc.California Court of Appeal · 2001
- Avila v. ChuaCalifornia Court of Appeal · 1997
21 more not listed; retrieve them via the Exa API.