[Download] "Luri V. Greenwald" by California Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Luri V. Greenwald
- Author : California Court of Appeals
- Release Date : January 15, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Defendants Robert and Heidi Frey Greenwald (Greenwalds) and Jon Douglas Company, Linda Lackey, and Coldwell Banker Residential Brokerage Company (the real estate defendants) (collectively defendants) obtained summary judgments in their favor after plaintiff Erika Luri (Luri) failed to file timely oppositions to the defendants' motions for summary judgment and did not appear for the hearing on the motions. Luri's subsequent motion for reconsideration and relief under Code of Civil Procedure sections 473 and 1008 was denied. Luri argues on appeal that the trial court abused its discretion in denying the motion under Code of Civil Procedure section 473 (section 473), that the trial court was required to grant relief under the mandatory relief provision of that statute for attorney fault even though there was no specific request for mandatory relief, and that the matter should be remanded for a hearing on the summary judgment motions. We hold that a motion under section 473 seeking discretionary relief accompanied by a declaration of an attorney suggesting attorney fault does not require the trial court to grant relief under the mandatory provision for attorney fault when there is no request for such mandatory relief. We also hold that in this case the trial court committed no error in treating the motion as seeking only discretionary relief under section 473 and did not abuse its discretion in finding no excusable neglect. We therefore affirm the judgment.