Legal Opinion
Yeap v. Leake
California Court of Appeal
Decided December 30, 1997No. B097361PublishedCited by 41 opinions
1Opinion of the Court
Opinion
BARON, J.
Section 473 of the Code of Civil Procedure1 grants a court discretion “upon any terms as may be just,” to “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (§ 473, subd. (b).) In addition, under a separate, mandatory provision, “. . . the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting…
2Cases cited18 opinions
- Shamblin v. BrattainCalifornia Supreme Court · 1988
- In Re Marriage of ConnollyCalifornia Supreme Court · 1979
- Banco Do Brasil, S.A. v. Latian, Inc.California Court of Appeal · 1991
- Johnson v. Pratt & Whitney Canada, Inc.California Court of Appeal · 1994
- Canaan v. AbdelnourCalifornia Supreme Court · 1985
13 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- People v. WilliamsCalifornia Supreme Court · 2008
- Carver v. Chevron U.S.A., Inc.California Court of Appeal · 2002
- State Farm Fire & Casualty Company v. PietakCalifornia Court of Appeal · 2001
- Leader v. Health Industries of America, Inc.California Court of Appeal · 2001
- Brown v. BorenCalifornia Court of Appeal · 1999
36 more not listed; retrieve them via the Exa API.