Hu

*63 Opinion

The trial court denied relief under Code of Civil Procedure 1 section 473, subdivision (b) from a default judgment because it found that the error resulting in the default was made by a paralegal, not an attorney. We hold that, in the context of a motion under section 473, a paralegal’s mistake is attributable to the attorney responsible for supervising the paralegal. We reverse the default judgment.

Factual and Procedural Background

Sylvia Wei-Ting Hu sued Amy Fang for breach of contract and common counts. Fang, represented by J. Flores Valdez, answered the complaint. On February 16, 2001,Valdez, failed to appear at a status conference. The trial court issued an order to show cause (OSC) for failure to appear and for striking Fang’s answer. Valdez was mailed a copy of the trial court’s minute order.

The hearing on the OSC was set for March 15, 2001, but Valdez again failed to appear. At the March 15, 2001 hearing, the case was transferred from West Covina to Pomona and the hearing on the OSC was continued to April 5, 2001. Valdez was given notice, but again failed to appear. The trial court ordered Fang’s answer stricken and ordered counsel for Hu to file a…