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GRAHAM v. BEERS

Docket No. B078489.

30 Cal.App.4th 1656 (1994)

36 Cal. Rptr.2d 765

JAMES GRAHAM et al., Plaintiffs and Appellants, v. PATRICIA BEERS et al., Defendants and Respondents.

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

December 20, 1994.

Attorney(s) appearing for the Case

COUNSEL

Manuel H. Miller and Ronald S. Sofen for Plaintiffs and Appellants.

Borton, Petrini & Conron, Robert J. Gundert, Hall & Hieatt, Clayton U. Hall and Lori A. LaMacchia for Defendants and Respondents.

OPINION

GILBERT, J.

An attorney negligently fails to diligently prosecute an action. Code of Civil Procedure section 4731 provides that upon a proper motion the court shall vacate a default judgment or dismissal entered because of an attorney's mistake, inadvertence, surprise, or neglect. Does that mean that a trial court may not dismiss an action for failure of the attorney to diligently prosecute the...

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