Schwartz v. JPMorgan Chase Bank CA4/3
Plaintiffs Jeff and Sandra Schwartz appeal from an order denying their motion to vacate the dismissal of their complaint. Plaintiffs argue the trial court had no discretion to deny their motion to set aside the dismissal order under Code of Civil Procedure section 473, subdivision (b), because the motion met all the requirements for mandatory relief under that statute. They contend that because Jeff, an attorney who is representing himself and his wife in this case, filed a declaration under penalty of perjury stating his failure to appear for two successive hearings on an order to show cause regarding dismissal (OSC re: dismissal) was inadvertent, the court was required to grant them relief from the ensuing dismissal.
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