Bag Fund, LLC v. Sand Canyon Corp. CA2/3
Defendant Sand Canyon Corporation appeals from an order denying its motion to set aside a default judgment under the mandatory relief provision of Code of Civil Procedure section 473, subdivision (b). In denying the motion, the trial court found it was “a deliberate decision by Defendant’s counsel” that led to Sand Canyon’s default, not counsel’s good faith mistake, inadvertence or neglect. Although supported by substantial evidence, we conclude the court’s finding, which squarely placed the blame for default on Sand Canyon’s attorney, was not a valid basis to deny Sand Canyon mandatory relief under section 473, subdivision (b). We reverse.
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