SINDLER

Patricia Sindler (Sindler) appeals from an order of the Orange County Superior Court denying her motion under Code of Civil Procedure section 473 to set aside the dismissal of her case. We reverse.

Facts

Following an allegedly unsatisfactory plastic surgery performed by H. George Brennan, Sindler filed a medical malpractice action in June 1996 in the Orange County Superior Court. Brennan filed bankruptcy proceedings and a notice of automatic stay on March 20, 1997.

The superior court required Sindler to report on the status of the bankruptcy action. In May 1997, Sindler applied for an order to suspend monitoring under Orange County Superior Court Local Rules, rule 457. At the same time, she submitted a preprinted Grange County Superior Court form entitled “Application and Order To Suspend Monitoring Re Bankruptcy,” giving the court notice that the case was subject to a bankruptcy court stay and requesting a suspension under California Rules of Court, rule 225(d). By checking a preprinted order on the form, the court granted the suspension and set a “Bankruptcy Review Hearing/Order to Show Cause re dismissal” for October 1997. The preprinted order further stated,…