Sandoval v. Universal City Studios
Appellants, five plaintiffs in a personal injury action, appeal from an order granting respondents relief under Code of Civil Procedure section 473, subdivision (b) (hereafter section 473(b)) after judgment had been entered in appellants favor based on their acceptance of respondents section 998 settlement offers. In this appeal appellants claim the trial court erred in granting respondents relief because the court: (1) lacked jurisdiction to consider the section 473 motion; and (2) erred in finding the mistakes in the 998 offers were excusable and in determining respondents were diligent in seeking relief. As we shall explain, the trial court had authority to consider the section 473 motion. In addition, the court did not abuse its discretion in finding that the section 998 offers contained errors which resulted from respondents counsels excusable neglect and therefore properly granted the motion for relief. Consequently, Court affirm.
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