Levingston

*311 The attorneys for plaintiff Lisa Levingston, O.D., failed to file an opposition to a motion for summary judgment. They had been substituted into the case after Levingston's former attorneys were disqualified and the opposition that the former attorneys had filed was stricken. At the hearing on the motion, Levingston's new counsel claimed they had not known that they needed to file a new opposition; they requested relief from default, under Code of Civil Procedure section 473, subdivision (b), and a continuance. The trial court *47 found that new counsel's failure was inexcusable neglect. It therefore granted summary judgment.

We will hold that, due to her new counsel's neglect - which the trial court quite properly found to be inexcusable - Levingston was not entitled to relief under Code of Civil Procedure section 473, subdivision (b) ; nevertheless, under controlling case law, she was entitled to a continuance to file an opposition.

I

FACTUAL AND PROCEDURAL BACKGROUND

Levingston filed this action on January 24, 2014. She named as defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, and Southern California Permanente Medical Group (collectively…