Gee

Defendant Greyhound Lines, Inc. (Greyhound) appeals from the trial court's order granting plaintiff Linda Gee's motion to set aside dismissal pursuant to Code of Civil Procedure section 473, subdivision (b). 1 On appeal, Greyhound argues that the *443 trial court erred in granting relief under section 473, subdivision (b), contending that (1) the court lacked jurisdiction to set aside the dismissal under section 473, subdivision (b), because Gee failed to comply with the requirements of section 1008, and (2) Gee failed to provide a sufficient showing to justify relief under section 473, subdivision (b).

We conclude that section 473, subdivision (b), can provide relief when an action is dismissed due to plaintiff's counsel's mistake or inexcusable neglect related to the failure to pay change of venue fees. As this was plaintiff's initial application for relief under section 473, subdivision (b), and not a request to reconsider a denial of relief under that section, there was no requirement that she file a motion for reconsideration under section 1008. We further conclude that there was sufficient evidence to justify relief under section 473, subdivision (b).

We affirm.

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