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BILLINGS v. HEALTH PLAN OF AMERICA

Docket No. B046179.

225 Cal.App.3d 250 (1990)

275 Cal. Rptr. 80

SANDRA BILLINGS et al., Plaintiffs and Respondents, v. HEALTH PLAN OF AMERICA, Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

November 16, 1990.

Attorney(s) appearing for the Case

COUNSEL

O'Flaherty & Belgum, Patty Mortl and John J. Weber for Defendant and Appellant.

Steven W. Herbert for Plaintiffs and Respondents.

[Opinion certified for partial publication.*]

OPINION

ORTEGA, J.

Following the sustaining of a demurrer, plaintiffs' attorney failed to file an amended pleading within 30 days and the complaint was dismissed. (1) (See fn. 1.) About five months later, plaintiffs successfully moved to vacate the dismissal based upon their attorney's affidavit of fault.

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