Gee v. Greyhound Lines, Inc.Annotate this Case
Defendant Greyhound Lines, Inc. (Greyhound) appealed a trial court’s order granting plaintiff Linda Gee’s motion to set aside dismissal pursuant to Code of Civil Procedure section 473, subdivision (b). Gee had been injured while a passenger on a Greyhound bus. She alleged the driver was going too fast, which caused the bus to hit two other vehicles and then crash into a tree. Gee also sued the bus driver’s estate and several others relating to the accident. On appeal, Greyhound argued that the trial court erred in granting relief under section 473, subdivision (b), contending that: (1) the court lacked jurisdiction to set aside the dismissal under section 473, subdivision (b), because Gee failed to comply with the requirements of section 1008; and (2) Gee failed to provide a sufficient showing to justify relief under section 473, subdivision (b). The Court of Appeal found no error in the trial court’s judgment, and affirmed.