CISNEROS v. VUEVE

Docket No. A065957.

37 Cal.App.4th 906 (1995)

44 Cal. Rptr. 682

FRANK CISNEROS, Plaintiff and Respondent, v. JAY L. VUEVE et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Two.

August 10, 1995.


Attorney(s) appearing for the Case

COUNSEL

Bronson, Bronson & McKinnon, Robert N. Phillips and Paul R. Mohun for Defendants and Appellants.

Rifkind & Fuerch, Stephen M. Fuerch and Edward McCutchan for Plaintiff and Respondent.


OPINION

SMITH, J.

Under recent amendments to Code of Civil Procedure section 473 (section 473), upon a timely filed motion for relief a trial court must vacate a default or resulting default judgment upon the sworn affidavit of the defaulting party's attorney attesting to his mistake, inadvertence, surprise or neglect "unless the court finds that the default ... was not in fact...

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