ESTHER

Esther B. v. City of Los Angeles

Good Law
158 Cal. App. 4th 1093·2008 Cal. App. LEXIS 39·70 Cal. Rptr. 3d 596
Court of Appeal of CaliforniaJanuary 11, 2008B184660, B159513, B107857, B108017California2,470 words

Opinion

Opinion

Rothschild, J.

Plaintiff appeals from the trial court’s order denying her relief from the dismissal of her motions for attorney fees.

In a prior appeal, we affirmed the trial court’s order dismissing plaintiff’s motions for attorney fees because she did not file her attorney fee documents until 20 days after the date set by the court. This appeal is from the trial court’s order denying plaintiff’s motion under Code of Civil Procedure section 473, subdivision (b), for relief from the order dismissing her attorney fees motions. Plaintiff argues that relief was mandatory under section 473, subdivision (b), because she and her cocounsel were both at fault in failing to get the documents filed on time. In the alternative she contends that even if only the discretionary provision of section 473, subdivision (b), applies to her situation, the trial court abused its discretion in failing to grant relief on the basis of her mistake, inadvertence, surprise or excusable neglect. We affirm the order denying relief.

FACTS AND PROCEEDINGS BELOW

Plaintiff initiated this action against the City of Los Angeles and other public agencies on behalf of herself and her minor daughter seeking damages and…

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