Billings

Following the sustaining of a demurrer, plaintiffs’ attorney failed to file an amended pleading within 30 days and the complaint was dismissed. About five months later, plaintiffs successfully moved to vacate the dismissal based upon their attorney’s affidavit of fault. (Code Civ. Proc., § 473.) In the published portion of this opinion, we hold that the 1988 amendment to section 473, which provides mandatory relief for defendants against whom default judgments are entered due to attorney neglect, does not apply to plaintiffs whose complaints are dismissed due to attorney neglect. We further conclude the 1988 amendment does not alter section 473’s diligence requirement. In the unpublished portion of this opinion, we hold plaintiffs failed to diligently seek relief or demonstrate excusable neglect. We reverse the section 473 order and reinstate the order of dismissal.

I

Factual History

On April 14, 1988, plaintiff Sandra Billings filed a complaint with causes of action for tortious breach of insurance contract, breach of the duty of good faith and fair dealing, breach of fiduciary duties, breach of statutory duties and intentional infliction of emotional distress. On May…