Does an attorney need to represent a client in a civil action before that attorney's surprise can cause the entry of default against the client?
California, United States of America
The following excerpt is from Kiewit Pac. Co v. Lehman Ali Inc, C061918, No.SCV-23012 (Cal. App. 2010):
Despite this simple and definitive fact, defendant asserts that "an attorney need not represent a client in a civil action before that attorney's surprise can cause the entry of default against the client for purposes of section 473(b)." For this proposition, defendant cites SJP Limited Partnership v. City of Los Angeles (2006) 136 Cal.App.4th 511, 516 (SJP).) That case, however, is distinguishable on its facts.
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