Gutierrez v. G & M Oil Company, Inc.

Section 473(b) of the California Code of Civil Procedure provides mandatory relief from default or dismissal due to an attorney's mistake, inadvertence, surprise or neglect. In this case, an in-house counsel decided to defend a class action without informing any of the corporate officers, but he did not do much and a $4 Million default judgment was entered. The court held: mandatory relief is available due to an in-house counsel's mistake, inadvertence, suprise or neglect. (Advance sheet courtesy of
Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.