Rodrigues v. Superior Court

Opinion

RUSHING, P. J.

Introduction

Code of Civil Procedure section 473, subdivision (b), 1 requires the trial court in a civil action to grant relief from default when the defaulting party’s attorney files an affidavit attesting that the default was the product of his or her mistake, inadvertence, surprise, or neglect. The question now before us is whether an affidavit so attesting entitles the defaulting party to mandatory relief if it is executed by an attorney not licensed to practice in California, but licensed in another jurisdiction. We have concluded that granting relief in such…