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DALEY v. COUNTY OF BUTTE

Docket No. 10617.

227 Cal.App.2d 380 (1964)

38 Cal. Rptr. 693

MILDRED T. DALEY, Plaintiff and Appellant, v. COUNTY OF BUTTE, Defendant and Respondent.

Court of Appeals of California, Third District.

May 22, 1964.

Attorney(s) appearing for the Case

P.M. Barceloux, Burton J. Goldstein and Goldstein, Barceloux & Goldstein for Plaintiff and Appellant.

Robert B. Kutz for Defendant and Respondent.

FRIEDMAN, J.

Acting under the two-year discretionary dismissal provision of section 583, Code of Civil Procedure, the lower court ordered dismissal of this wrongful death action for lack of prosecution. Having secured new attorneys, plaintiff Mildred T. Daley then moved under section 473, Code of Civil Procedure, to vacate the dismissal on the ground of her mistake, inadvertence, surprise and excusable neglect. She appeals from denial of the latter motion.

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