Inexcusable, but Mandatory

Younessi v. Woolf, No. G051034 (D4d3 Feb. 16, 2106)

After Plaintiffs failed to respond to a demurrer filed by Defendants in a legal malpractice case, the court granted the motion, albeit affording leave to amend. On the last day of the amendment period, Plaintiffs filed a substitution of counsel. But no amended complaint. Following the procedure in Code of Civil Procedure § 581(f)(2) and Rule of Court 3.1320(h), Defendants filed an ex parte application to enter a dismissal, which the court granted in a signed order. The same day the order was entered, Plaintiffs belatedly filed an amended complaint, which everyone treated as ineffective due to the dismissal. A month-and-a-half later, Plaintiffs filed a motion for relief from default under § 473(b), which the trial court granted under § 473(b)’s discretionary prong.