Cisneros v. Vueve

Opinion

SMITH, J.

Under recent amendments to Code of Civil Procedure section 473 (section 473), upon a timely filed motion for relief a trial court must vacate a default or resulting default judgment upon the sworn affidavit of the defaulting party’s attorney attesting to his mistake, inadvertence, surprise or neglect “unless the court finds that the default. . . was not in fact caused by the attorney’s mistake, inadvertence, surprise or neglect.” In this case, we hold that this provision does not afford relief to a client who, after inexcusably allowing his default to be entered, hires an…