1. Home
  2. Browse Decisions
  3. Cal.Rptr.3d
  4. 26 Cal.Rptr.3d
  5. 26 Cal.Rptr.3d 194 (2005)
 

RODRIGUES v. SUPERIOR COURT

No. H025985.

26 Cal.Rptr.3d 194 (2005)

127 Cal.App.4th 1027

Maria RODRIGUES, Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent, Fernando Machado Joaquim et al., Real Parties in Interest.

Court of Appeals of California, Sixth District.

Review Denied June 15, 2005.

Attorney(s) appearing for the Case

Law Offices of J. Byron Fleck, J. Byron Fleck, San Jose, for Petitioner Maria Rodrigues.

No appearance for Respondent.

Olimpia, Whelan, Lively & Ryan, David W. Lively, Mina Almassi, San Jose, for Real Party in Interest Fernando Machado Jaoquim et al.

RUSHING, P.J.

INTRODUCTION

Code of Civil Procedure section 473, subdivision (b),1 requires the trial court in a civil action to grant relief from default when the defaulting party's attorney files an affidavit attesting that the default was the product of his or her mistake, inadvertence, surprise, or neglect. The question now before us is whether an affidavit so attesting entitles the defaulting party to mandatory relief if...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases