Cisneros

Under recent amendments to Code of Civil Procedure section 473 (section 473), upon a timely filed motion for relief a trial court must vacate a default or resulting default judgment upon the sworn affidavit of the defaulting party’s attorney attesting to his mistake, inadvertence, surprise or neglect “unless the court finds that the default. . . was not in fact caused by the attorney’s mistake, inadvertence, surprise or neglect.” In this case, we hold that this provision does not afford relief to a client who, after inexcusably allowing his default to be entered, hires an attorney whose neglect results in a default judgment.

Background

In April 1993 (further unspecified calendar references are to that year), plaintiff Frank Cisneros filed a complaint against defendants-appellants Jay L. Vueve, individually and doing business as Financial Realty Services, and Bill Hector, claiming that defendant real estate brokers committed fraud and breach of fiduciary duty in inducing him to buy a motel in the Lake Tahoe area. Summons, complaint and a statement of damages were duly served on defendants on April 15 and 16. A set of interrogatories was mailed to them on May 7.

When no…