English

Plaintiff Evan English moved to vacate a summary judgment in favor of defendant IKON Business Solutions, Inc., on the ground her attorney had neglected to file a substantive opposition to the summary judgment motion. She relied exclusively on the part of Code of Civil Procedure section 473, subdivision (b) (hereafter section 473(b)) that requires the court to vacate a “default,” “default judgment,” or “dismissal” resulting from attorney mistake, inadvertence, surprise, or neglect. The trial court concluded English was not entitled to relief under section 473(b) because her attorney’s action did not constitute mistake, inadvertence, surprise, or neglect within the meaning of the statute.

On review, we conclude the mandatory provision of section 473(b) does not apply to summary judgments because a summary judgment is neither a “default,” nor a “default judgment,” nor a “dismissal” within the meaning of section 473(b). Accordingly, the trial court properly denied English’s motion to vacate the summary judgment.

Procedural History

The underlying facts are irrelevant to the issues on appeal. In July 1999, English filed a complaint against her former employer, IKON,…