Billings v. Health Plan of America
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
ORTEGA, J.
Following the sustaining of a demurrer, plaintiffs’ attorney failed to file an amended pleading within 30 days and the complaint was dismissed. About five months later, plaintiffs successfully moved to vacate the dismissal based upon their attorney’s affidavit of fault. (Code Civ. Proc., § 473.) 1 In the published portion of this opinion, we hold that the 1988 amendment to section 473, which provides mandatory relief for defendants against whom default judgments are entered due to attorney neglect, does not apply to plaintiffs whose complaints are dismissed due to attorney…
2Cases cited13 opinions
- Solberg v. Superior CourtCalifornia Supreme Court · 1977
- Benjamin v. Dalmo Manufacturing Co.California Supreme Court · 1948
- Elston v. City of TurlockCalifornia Supreme Court · 1985
- Estate of BanerjeeCalifornia Supreme Court · 1978
- Beeman v. BurlingCalifornia Court of Appeal · 1990
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3Cited by25 opinions
- Dill v. Berquist Construction Co.California Court of Appeal · 1994
- Leader v. Health Industries of America, Inc.California Court of Appeal · 2001
- Yeap v. LeakeCalifornia Court of Appeal · 1997
- English v. Ikon Business Solutions, Inc.California Court of Appeal · 2001
- Panzino v. City of PhoenixArizona Supreme Court · 2000
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