English v. Ikon Business Solutions, Inc.

Opinion

NICHOLSON, J.

Plaintiff Evan English moved to vacate a summary judgment in favor of defendant IKON Business Solutions, Inc., on the ground her attorney had neglected to file a substantive opposition to the summary judgment motion. She relied exclusively on the part of Code of Civil Procedure section 473, subdivision (b) (hereafter section 473(b)) that requires the court to vacate a “default,” “default judgment,” or “dismissal” resulting from attorney mistake, inadvertence, surprise, or neglect. The trial court concluded English was not entitled to relief under section 473(b) because her…