Dye

*1369 Opinion

Donald W. Dye and his wife, Valerie (hereafter the Dyes), allege that Donald suffered from silicosis and other pulmonary diseases as a result of exposure to silica in his use of defendants’ defective products. 1 In a prior unpublished opinion on consolidated appeals (Dye v. Caterpillar (Nov. 17, 2008, A114948, All6022)), this court reversed orders sustaining demurrers, without leave to amend, to the Dyes’ third and fourth amended complaints. On remand, the Dyes filed a fifth amended complaint 108 days after the clerk of this court mailed notice of the issuance of remittitur. Defendants objected, asserting that the fifth amended complaint was untimely under Code of Civil Procedure section 472b. 2 The trial court agreed. The Dyes now appeal from the trial court’s orders dismissing each of the defendants and also from the trial court’s denial of their request for relief under section 473, subdivision (b). 3 We reverse.

I. Factual and Procedural Background

The Dyes filed their initial complaint in this action on November 5, 2004. Donald Dye alleged that he had been diagnosed with “silicosis, pulmonary fibrosis and allergic bronchopulmonary asperillosis.” The complaint…