Martin Potts & Associates, Inc. v. Corsair, LLC

-A trial court is required by statute to vacate a default, default judgment, or dismissal that is “in fact” caused by an attorney’s *436 “mistake, inadvertence, surprise, or neglect” if the attorney files a sworn affidavit “attesting” to such. (Code Civ. Proc., § 473, subd. (b).) 1 Must the attorney’s affidavit also disclose the reasons for his mistake, inadvertence, surprise, or neglect? We conclude the answer is “no.” Although such a statement of reasons will be helpful, and may sometimes be relevant to prove the causal link between the attorney’s conduct and the default, default judgment, or dismissal, a statement of reasons is not required. We accordingly affirm the trial court’s order setting aside the default and default judgment in this case.

FACTS AND PROCEDURAL BACKGROUND

In 2011, defendant Corsair, LLC (Corsair), was developing a real estate project known as the Gran Plaza Outlets. In December 2011, Corsair hired plaintiff Martin Potts and Associates, Inc. (plaintiff), to provide management services for this project. When Corsair stopped paying plaintiff for those services in August 2013, plaintiff sued Corsair in February 2014 for the outstanding amount owed…