Minkoff

INTRODUCTION

The County of Los Angeles and several employees or agents of the Department of Children and Family Services (collectively the County) appeal the trial court’s order vacating a dismissal of an action filed by Georgia residents C. Michael Minkoff, Jr., his wife Vanessa Minkoff, their minor children (collectively the Minkoffs), and C. Michael Minkoff’s parents, Michael Minkoff, Sr., and Deborah Minkoff. The trial court had ordered the Minkoffs to post an undertaking pursuant to Code of Civil Procedure section 1030.1 After the Minkoffs failed to post the undertaking within the 30 days required by the statute, the trial court granted the County’s motion to dismiss. Six months later, the trial court granted the Minkoffs’ motion to vacate the dismissal under the mandatory provision of section 473, subdivision (b). We reverse the trial court’s order, concluding that the mandatory provision of section 473, subdivision (b), does not apply to the trial court’s order dismissing this action for failure to post an undertaking pursuant to section 1030, and remand the case for the trial court to determine whether the Minkoffs are entitled to relief under the discretionary provision…