California, United States of America
The following excerpt is from Ron Burns Const. Co., Inc. v. Moore, 109 Cal.Rptr.3d 417, 184 Cal.App.4th 1406 (Cal. App. 2010):
In Gilberd, the lower court granted the plaintiff's petition for relief from the claim-filing requirements of the Government Claims Act. The defendant then filed a motion for reconsideration under section 1008. The motion also sought, in the alternative, relief under section 473, on the ground that the defendant's counsel's failure to request a hearing after the trial court had already issued a tentative ruling in favor of the plaintiff constituted an excusable mistake. The trial court granted reconsideration, denied the plaintiff's petition, and sustained a demurrer to the complaint, without leave to amend. ( Gilberd v. AC Transit, supra, 32 Cal.App.4th at p. 1498, 38 Cal.Rptr.2d 626)
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