Cooley v. Miller
Terry L. Miller appeals from a judgment in favor of plaintiffs Trina Cooley and Michael Lippke (collectively plaintiffs) after the court denied his motion to set aside his default under Code of Civil Procedure section 473 and entered judgment against him. (All statutory references are to the Code of Civil Procedure.) Miller claims the trial court erred in denying his motion. Alternatively, he contends the trial court erred in refusing to hear a second motion that he had filed and that the judgment against him is legally flawed and unreasonable. Court conclude the trial court erred in denying the motion because Miller was entitled to mandatory relief based on his counsel's affidavit of fault. Accordingly, Court reverse the judgment, mooting Miller's remaining contentions.
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