Avila

In this case, we consider a trial court ruling denying appellant Richard Avila’s motion under Code of Civil Procedure section 473 to set aside the dismissal of his complaint against respondents William Chua and Monterey Park Hospital. The dismissal was entered after the trial court struck appellant’s late-filed opposition to respondents’ summary judgment motions and granted summary judgment. We find that the trial court erred in denying relief under section 473, and remand the case to the trial court so that the motions for summary judgment can be determined on the merits.

Facts

Appellant is the son of Librada Avila, who died of pseudomonas sepsis on April 13, 1994. He brought this action individually and as special administrator of her estate. Appellant contended that his mother’s death was the result of the medical treatment she received at Monterey Park Hospital (Hospital) from William Chua and other doctors. In sum, appellant alleged that Chua and other doctors misdiagnosed Librada Avila, unnecessarily removed her gallbladder, negligently performed that surgery so that a second surgery was necessary, and rendered improper and negligent care both pre- and…