In what circumstances will a plaintiff be denied relief in a motion for damages brought by an attorney who was grossly negligent?

California, United States of America


The following excerpt is from Carroll v. Abbott Laboratories, Inc., 187 Cal.Rptr. 592, 32 Cal.3d 892, 654 P.2d 775 (Cal. 1982):

In the name of the " 'orderly process of the law,' " the majority today hold that a trial court may not grant relief to a plaintiff whose lawsuit was dismissed because of the " 'grossly negligent' " conduct of his attorney. (Maj. opn. at pp. 593-596 of 187 Cal.Rptr., pp. 776-779 of 654 P.2d.) In reaching that conclusion, the majority overlook an important source of judicial power, disregard the public policy which favors the determination of all causes on their merits, and fail to give deference to the trial court's decision. The end result cannot fairly be said to serve the interests of "substantial justice." (Daley v. County of Butte (1964) 227 Cal.App.2d 380, 390, 38 Cal.Rptr. 693.)

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