Does section 473, subd. 473 of the California Code of Civil Procedure require reasonable legal fees when relief is granted based on an attorney's affidavit of fault?

California, United States of America


The following excerpt is from Crimson Prop. Mgmt., LLC v. CC Fund Ii, LLC, B259748 (Cal. App. 2015):

6. Code of Civil Procedure section 473, subdivision (b) contains a discretionary and a mandatory provision. (Noceti v. Whorton (2014) 224 Cal.App.4th 1062, 1065-1066.) "The discretionary provision applies to 'a judgment, dismissal, order, or other proceeding taken against' a party, while the mandatory provision applies only to a 'default entered by the [court] clerk,' or a resulting 'default judgment or dismissal.'" (Ibid.) The mandatory provision requires reasonable compensatory legal fees when relief is granted based on attorney affidavit of fault. ( 473, subd. (b).)

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