California Appellate Tracker

Urban Wildlands Group, Inc. v. City of Los Angeles

April 25, 2017

The mandatory attorney-fault provision of Code of Civil Procedure section 473(b) applies only to judgments of dismissal or default and not to other types of judgment, such as, here, a trial on the merits of an administrative mandate proceeding in which judgment was rendered for the defendant agency.

Disapproving its own prior decisions in Avila v. Chua (1997) 57 Cal.App.4th 860 and In re Marriage of Hock and Gordon-Hock (2000) 80 Cal.App.4th 1438, this decision follows English v. IKON Business Solutions Inc. (2001) 94 Cal.App.4th 130 in holding that the mandatory attorney-fault provision of CCP 473(b) applies only to judgments of dismissal or default and not to other types of judgment such as summary judgment or here, a trial on the merits of an administrative mandate proceeding in which judgment was rendered for the defendant agency because the plaintiff failed to introduce the administrative record into court and so failed to meet its burden of proof.

California Court of Appeal, Second District, Division 5 (Turner, P.J.); April 13, 2017; 2017 WL 1366938

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Urban Wildlands Group, Inc. v. City of Los Angeles

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