Tackett v. City of Huntington Beach

Opinion

section 473, requiring a trial court to vacate a default, default judgment, or dismissal if the aggrieved party’s attorney submits a timely application for relief “in proper form, . . . accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect,” apply to a motion under Government Code section 946.6 for relief from the claim-filing requirement under the Government Tort Claims Act? No. Alternatively, did the superior court abuse its discretion in concluding the petitioning party failed to show excusable neglect that would warrant…