Stafford

I. Introduction

Appellants (Staffords) seek reversal of the trial court’s order setting aside a default and a default judgment under section 473 of the Code of Civil Procedure in favor of Allstate Insurance Company (Allstate) in a suit brought by the Staffords against and eventually settled with Allstate’s insured. They contend the trial court abused its discretion by granting relief when Allstate waited to file its motion on the last day of the six-month limitation period provided by section 473 without an adequate explanation to justify the prolonged delay. We agree and accordingly reverse the order setting aside the default and default judgment.

II. Facts and Procedural History

On January 23, 1996, a car driven by defendant Toan Mach struck the Staffords’ car. The Staffords, an elderly couple, sustained various personal injuries and property damage as a result of the collision. Soon thereafter the Staffords hired Attorney Richard Canatella to represent them in connection with the accident.

Mach was insured by Allstate at the time of the accident. Canatella wrote to Allstate and informed them of his representation, and also requested a statement of Mach’s automobile…