Graham v. Beers - Second Appellate District, Division Six Court of Appeal of California

Graham v. Beers

By Second Appellate District, Division Six Court of Appeal of California

  • Release Date - Published: 1994-12-20
  • Book Genre: Law
  • Author: Second Appellate District, Division Six Court of Appeal of California
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Graham v. Beers Second Appellate District, Division Six Court of Appeal of California read online review & book 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.

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