N.A. Sales Co. v. Lee CA1/4
This appeal arises from a contract and fraud action brought by plaintiff N.A. Sales Company, Inc. (N.A. Sales), based on the alleged nonpayment for frozen fish and other products it supplied to Japanese restaurants. Defaults, and in some cases default judgments, were entered against several individual defendants, who N.A. Sales claimed were responsible for payment of the amounts owed or for other damages sustained by N.A. Sales. The defendants moved to vacate the defaults and default judgments on the ground of attorney fault, relying on the mandatory relief provision of Code of Civil Procedure section 473, subdivision (b). The trial court denied the motion, and this appeal followed. We conclude the court erred, because the motion and accompanying attorney declaration of fault satisfied the requirements of the mandatory relief provision of section 473(b). We therefore reverse.
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