Legal Opinion
Carmel, Ltd. v. Tavoussi
California Court of Appeal
Decided May 27, 2009No. G040079PublishedCited by 17 opinions
1Opinion of the Court
Opinion
ARONSON, J.
Defendants Mohsen Tavoussi and Orange County Surgery Center, Inc., challenge the trial court’s denial of their application under Code of Civil Procedure section 473 1 to vacate a $147,217.07 default judgment against them in favor of plaintiff Carmel, Ltd. (Carmel). Defendants contend the trial court erred when it determined defendants failed to file an attorney affidavit of fault and found they failed to file a proposed answer, a necessary step to obtain relief.
We conclude the trial court erred. Although defendants’ counsel attempted to deflect blame from himself, his own…
2Cases cited10 opinions
- Howard v. Owens CorningCalifornia Court of Appeal · 1999
- Zamora v. Clayborn Contracting Group, Inc.California Supreme Court · 2002
- Leader v. Health Industries of America, Inc.California Court of Appeal · 2001
- Lang v. HochmanCalifornia Court of Appeal · 2000
- SOLV-ALL v. Superior CourtCalifornia Court of Appeal · 2005
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- McClain v. Kissler, California Court of Appeal, 5th District2019
- Martin Potts & Associates, Inc. v. Corsair, LLCCalifornia Court of Appeal · 2016
- Gassner v. Stasa, California Court of Appeal, 5th District2018
- Rodriguez v. BrillCalifornia Court of Appeal · 2015
- Aquino v. Klein CA2/3California Court of Appeal · 2021
12 more not listed; retrieve them via the Exa API.