Tavoussi

Defendants Mohsen Tavoussi and Orange County Surgery Center, Inc., challenge the trial court’s denial of their application under Code of Civil Procedure section 473 to vacate a $147,217.07 default judgment against them in favor of plaintiff Carmel, Ltd. (Carmel). Defendants contend the trial court erred when it determined defendants failed to file an attorney affidavit of fault and found they failed to file a proposed answer, a necessary step to obtain relief.

We conclude the trial court erred. Although defendants’ counsel attempted to deflect blame from himself, his own declaration in support of defendants’ application demonstrated that counsel’s neglect was the cause of defendants’ failure to answer and the entry of default. Moreover, although the record does not reflect that defendants filed a proposed answer with their application, defendants made the proposed answer available for the court’s inspection and review. Accordingly, we conclude defendants substantially complied with the requirements of the mandatory provision of section 473, subdivision (b). Accordingly, we reverse and remand.

I

Factual and Procedural Background

Carmel sued defendants over a dispute…