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Does an attorney’s request to set aside a default or order under CCP 473(b) guarantee thst the default or order will be set asid


This issue was raised in Darab N. Vs. Olivera (2/5/19). In this case, involving a petition to establish a parental relationship, the Respondent failed to timely file a Response to the petition. As a result, the Respondent’s default was taken. The attorney for the Respondent filed a motion to set aside the default based on the mistake of the attorney. The Court denied the Respondent request for relief from default under CCP §473(b). The attorney filed a declaration attesting to her mistake in being unaware that a response to the petition had not been filed. However, the trial court found the attorney’s declaration not credible and denied set-aside relief; “The trial court’s detailed order explains that counsel for Cody requested—twice by telephone and once in writing—Abboud to file a response to Cody’s petition, all before filing Cody’s request for entry of default.”

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