Burbank v. Continental Life Insurance Co.

Exercising the discretionary power granted hy section 473 of the Code of Civil Procedure and on plaintiff’s motion, the trial court vacated an order dismissing the above-entitled action and restored for further hearing and determination on the merits the motion for dismissal theretofore made by defendant. The order vacating was based upon findings of inadvertence and mistake, and defendant has appealed therefrom. We find no legal ground warranting interference with the exercise of the trial court's discretion.

The order of dismissal was granted by the court pursuant to a motion made by…