224 Cal. App. 4th 1062
Cal. Ct. App.2014Background
- In June 2007, Noceti plaintiffs contracted to buy Whorton's 109 acres near Stockton; defendant allegedly failed to complete the sale.
- Plaintiffs sued for specific performance and breach of contract; a default judgment against defendant was entered in Oct 2009 and later set aside in Apr 2011.
- Trial was scheduled for Oct 3, 2011; plaintiffs and their counsel did not appear while Whorton appeared and moved for judgment.
- The court reviewed the entire file and entered judgment for defendant: $0 principal, $0 pre-judgment interest, $0 attorney fees, $0 costs.
- Plaintiffs moved to set aside under CCP 473(b); the motion was denied; plaintiffs appealed in June 2012.
- On appeal, the court held that mandatory relief under 473(b) does not apply because the judgment was not a dismissal, but a judgment following an uncontested trial; discretionary relief remand ordered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandatory relief applies | Noceti argues judgment is a dismissal, triggering mandatory relief. | Whorton contends the judgment is not a dismissal but a post-trial judgment following contemplation of the entire file. | Not a dismissal; no mandatory relief under 473(b). |
| Whether discretionary relief should be considered on remand | Discretionary relief should be considered due to counsel's excusable neglect. | Discretionary relief was not considered below due to mislabeling as mandatory relief. | Remand for trial court to consider discretionary relief under 473(b). |
Key Cases Cited
- Vandermoon v. Sanwong, 142 Cal.App.4th 315 (Cal. Ct. App. 2006) (discretionary vs mandatory relief alignment when no default)
- Yeap v. Leake, 60 Cal.App.4th 591 (Cal. Ct. App. 1997) (arbitration-related relief analogous to default; split on interpretation)
- English v. IKON Bus. Solutions, Inc., 94 Cal.App.4th 130 (Cal. Ct. App. 2001) (narrow interpretation of mandatory relief; conflicts with Yeap)
- Peltier v. McCloud River R.R. Co., 34 Cal.App.4th 1809 (Cal. Ct. App. 1995) (historical context for 473(b) and dismissal provisions)
- Hossain v. Hossain, 157 Cal.App.4th 454 (Cal. Ct. App. 2007) (limits mandatory relief to specific failure to file opposition)