In Re Marriage of Hock & Gordon-Hock

Veronica Gordon-Hock appeals from an order, entered on April 15, 1999, denying her Code of Civil Procedure [1] section 473 motion to set aside the further judgment on further reserved issues in favor of her former spouse, Stephan J. Hock. [2] The main issue on appeal is whether the trial court erred in failing to grant Veronica relief under the "attorney's affidavit of fault" which is a mandatory provision of section 473, subdivision (b). Veronica's lawyer failed to appear at the time and place set for trial. Veronica's lawyer filed a declaration of fault pursuant to section 473, subdivision (b). We conclude that under the facts before us, Veronica's attorney's failure to appear at the time set for trial constituted a "default" within the meaning of section 473, subdivision (b). We therefore reverse the order denying the motion pursuant to section 473, subdivision (b).

Veronica and Stephan were married on March 12, 1988, and separated on October 7, 1994. Stephan filed a petition for dissolution of the marriage on November 2, 1994. They had one child, who was born on February 1, 1995. A judgment of dissolution was granted on April 24, 1996, with the court reserving…