(DOWNLOAD) "Maynard v. Brandon" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Maynard v. Brandon
- Author : Colorado Supreme Court
- Release Date : January 11, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
This case presents the issue of whether relief under Code of Civil Procedure section 473, subdivision (b) is available when a party files an untimely request for a trial following an arbitration conducted pursuant to the mandatory fee arbitration act, Business and Professions Code section 6200 et seq. (the MFAA). Section 473, subdivision (b) authorizes a court to relieve a party from a "judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." Section 473, subdivision (b) also requires a court to grant relief from a default, default judgment, or dismissal resulting from a mistake, inadvertence, surprise, or neglect attested to by an attorney in a supporting affidavit. Here, defendants demanded arbitration under the MFAA in response to a lawsuit initiated by plaintiff, defendants former attorney, seeking attorney fees. After an arbitration panel issued an award in plaintiffs favor, defendants demanded a trial following arbitration, as allowed by the MFAA. Due to miscommunication between defendants attorney and his secretary, however, the request for a trial following arbitration was filed with the court after the applicable statutory deadline. Defendants then sought relief under section 473, subdivision (b) on the ground that their failure to timely file the request resulted from their attorneys excusable error. The trial court denied relief, holding that section 473, subdivision (b) did not apply under the circumstances. The Court of Appeal disagreed and reversed.
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