(Download) "Graham v. Beers" by Second Appellate District, Division Six Court of Appeal of California * Book PDF Kindle ePub Free

eBook details

Title: Graham v. Beers
Author : Second Appellate District, Division Six Court of Appeal of California
Release Date : January 20, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

An attorney negligently fails to diligently prosecute an action. Code of Civil Procedure section 473 provides that upon a proper motion the court shall vacate a default judgment or dismissal entered because of an attorneys 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 action under section 583.410? No. We conclude that the mandatory language of section 473 does not apply to the discretionary dismissal statutes.