Avila v. Chua

Opinion

ARMSTRONG,

In this case, we consider a trial court ruling denying appellant Richard Avila’s motion under Code of Civil Procedure 1 section 473 to set aside the dismissal of his complaint against respondents William Chua and Monterey Park Hospital. The dismissal was entered after the trial court struck appellant’s late-filed opposition to respondents’ summary judgment motions and granted summary judgment. We find that the trial court erred in denying relief under section 473, and remand the case to the trial court so that the motions for summary judgment can be determined on the merits.

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