What is the scope of discretionary relief under section 473 of the California Code of Civil Procedure Act?
California, United States of America
The following excerpt is from Zamora v. Clayborn Contracting Group, Inc., 121 Cal.Rptr.2d 187, 28 Cal.4th 249, 47 P.3d 1056 (Cal. 2002):
[121 Cal.Rptr.2d 191]
Our analysis begins with the statutory language. (Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 977, 90 Cal.Rptr.2d 260, 987 P.2d 727.) The discretionary relief provision of section 473, subdivision (b) applies to any "judgment, dismissal, order, or other proceeding." Ostensibly, this statutory language does not limit the application of the discretionary relief provision to involuntary judgments or dismissals. Indeed, our courts have interpreted the provision in this manner for over a century.[121 Cal.Rptr.2d 191]
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