SJP Limited Partnership v. City of Los Angeles

The question presented is whether an affidavit of fault signed by an attorney who represents a party in a bankruptcy proceeding but not in the civil action is competent to support a party’s motion in the civil action for mandatory relief under Code of Civil Procedure section 473, subdivision (b). We hold that such an affidavit is competent and reverse the judgment of dismissal as to that party. We otherwise affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Appellants SJP Limited Partnership (SJP) and its general partner, George Justice (Justice), sued the City of Los Angeles and others, alleging that they had wrongfully refused to extend building permits previously issued to appellants for the construction of a residence on SJP’s property. Appellants sought a writ of mandate, as well as monetary damages and declaratory relief based on inverse condemnation. In June 2003, the trial court issued a peremptory writ of mandate, directing respondents to grant extensions of the building permits. However, the property was ultimately lost in a foreclosure proceeding.

In October 2003, appellants’ attorney of record filed a motion to be relieved as counsel. On November 5, 2003, while the…