How have courts interpreted the term "excusable neglect" in the context of employment law?

California, United States of America


The following excerpt is from Tapp v. Superior Court, 216 Cal.App.3d 1030, 265 Cal.Rptr. 267 (Cal. App. 1989):

" '[T]he rule of law is well established that where the legislature uses terms already judicially construed, "the presumption is almost irresistible [216 Cal.App.3d 1036] that it used them in the precise and technical sense which had been placed upon them by the courts." ' [Citations.]" (People v. Curtis (1969) 70 Cal.2d 347, 355, 74 Cal.Rptr. 713, 450 P.2d 33.) Indeed, we cannot resist the temptation here. "Excusable neglect" is a legal term of art common in the law. Judicial interpretations guide us in determining whether either dismissal here was due solely to excusable neglect.

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