Ccp Section 473

Proceeding was taken against him or her and that any rights the party has to apply for relief under the provisions of section 473 of the code of civil procedure shall expire 90 days after.

Ccp section 473. Attorney s affidavit of fault provides mandatory relief to inexcusable mistakes. And may upon like terms enlarge the time for answer or demurrer. California code of civil procedure section 473 b provides in pertinent part the court may upon any terms as may be just relieve a party or his or her legal representative from a judgment dismissal order or other proceeding taken against him or her through his or her mistake inadvertence surprise or excusable neglect.

The motion included counsel s declaration explaining he erroneously calendared the trial date for october 10 2011 because of chronic health problems and the loss of his secretary. California code of civil procedure section 473 california attorney resources california laws california code of civil procedure section 473 ca civ pro code 473 2017. Ccp 473 the california code of civil procedure 473 concerns a party s right to amend a pleading filed in a court action.

A 1 the court may in furtherance of justice and on any terms as may be proper allow a party to amend any pleading or proceeding by adding or striking out the name of any party or by correcting a mistake in the name of a party or a mistake in any other respect. The court has discretion on whether a party may add or remove the name of a party or correct a mistake in a pleading. For more detailed codes research information including annotations and citations please visit westlaw.

California code of civil procedure ccp ca civ pro section 473. Read this complete california code code of civil procedure ccp 473 1 on westlaw findlaw codes are provided courtesy of thomson reuters westlaw the industry leading online legal research system. Read the code on findlaw explore resources for.

However where the court grants relief from a default or default judgment pursuant to this section based upon the affidavit of the defaulting party s attorney attesting to the attorney s mistake inadvertence surprise or neglect the relief shall not be made conditional upon the attorney s payment of compensatory legal fees or costs or monetary penalties imposed by the court or upon compliance with other sanctions ordered by the court. Plaintiffs counsel subsequently moved to set aside the judgment pursuant to california code of civil procedure section 473 b. Read this complete california code code of civil procedure ccp 473 5 on westlaw findlaw codes are provided courtesy of thomson reuters westlaw the industry leading online legal research system.