ESTHER B., v. CITY OF LOS ANGELES
Plaintiff was not entitled under the attorney fault provision of Code of Civil Procedure Sec. 473(b) to relief from denial of attorney's fee motion where substantial evidence supported trial court finding that plaintiff, not her attorney, was responsible for briefing delay that caused judge to deny motion. Attorney fault provision does not apply where default or dismissal is the fault of a plaintiff who is also an attorney. Denial of discretionary relief under Sec. 473(b) was not an abuse of discretion where motion was based on plaintiff's illness, and medical documentation accompanying the motion failed to establish that plaintiff suffered from that illness during the period in which she was required to prepare brief.
Comments on ESTHER B., v. CITY OF LOS ANGELES