Adkins

DISCUSSION

Plaintiff contends he was entitled to mandatory relief from the order sustaining the demurrer without leave to amend (and the resulting dismissal), based on counsel‟s

2 affidavit of fault, and therefore the trial court erred in denying his motion under section 473, subdivision (b).2 The argument fails. The mandatory relief provision of section 473, subdivision (b), based on an attorney‟s affidavit of fault, requires the court, if certain prerequisites are met, to vacate a “default,” a “default judgment,” or a “dismissal.” (English v. IKON Business Solutions, Inc. (2001) 94 Cal.App.4th 130, 143 (English).) In this context, the word “dismissal” is construed as having a limited meaning, similar to the term “default judgment.” (Id. at p. 145.) In adding the word “dismissal” to the mandatory provision of section 473, subdivision (b),3 “the Legislature „intended to reach only those dismissals which occur through failure to oppose a dismissal motion—the only dismissals which are procedurally equivalent to a default.‟ [Citation.]” (English, at p. 145, italics added.) Various decisions have “construed the word „dismissal‟ in the mandatory provision of section 473(b) as having…