Miguel

MEMORANDUM OPINION AND DECISION

The present motion for relief from a judgment was argued by the parties at a regularly scheduled hearing on January 24, 1983, and thereafter was submitted on written briefs. The judgment was granted to the plaintiffs, after making an offer of proof, because of the failure of the defendants or counsel to appear at the noticed trial on December 8, 1982. The defendants were represented by Marvin B. Kapelus, Esq., in filing their answer and pretrial communications with the plaintiff’s counsel. Attorney Kapelus is also named as one of the two defendants. It is alleged by the defendants that they associated Susan Be-auvais, Esq., of Sacramento, California, as local counsel to litigate the underlying matter. They allege that Ms. Beauvais on numerous occasions represented that pre-trial interrogatories were served, preparation for trial was satisfactory, and all pre-trial motions were timely made — though none were actually done. She further advised them that their attendance at the trial was not necessary because she believed that the underlying action, which turned on the interpretation of the contract, could be argued solely on written documents. Ms.…