Arambula

Union Carbide Corporation (Union Carbide) appeals an order vacating a summary judgment in its favor on the complaint by Esther Arambula, individually and as administrator of the estate of her deceased husband. Union Carbide contends (1) Arambula is not entitled to relief under Code of Civil Procedure section 473, subdivision (b), because she failed to serve the motion for relief within six months after entry of the summary judgment order or judgment and therefore failed to timely apply for relief as required by the statute; (2) Union Carbide did not waive the six-month limit by appearing at the hearing and contesting the motion on the merits; and (3) the six-month period to apply for relief under the statute cannot be extended under the statute. We agree with these contentions and reverse the order.

FACTUAL AND PROCEDURAL BACKGROUND

Arambula filed a complaint against Union Carbide and others in November 2001 alleging wrongful death and several counts for personal injury arising from her deceased husband’s alleged exposure to asbestos. She filed a case report in November 2002 providing information on her husband’s exposure and medical history, as required by a general…