Gee v. Estate of Jewett
Annotate this CaseDefendant Greyhound Lines, Inc. (Greyhound) appealed the trial court’s order granting plaintiff Linda Gee’s motion to set aside dismissal. On appeal, Greyhound argued that the trial court erred in granting relief under Code of Civil Procedure section 473(b), contending that: (1) the court lacked jurisdiction to set aside 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(b). Gee sued for personal injuries she sustained, naming Greyhound, Estate of James Charles Jewett, Estate of Sylvia Garay, Olga Garay, and Does 1 through 30 as defendants, stemming from a 2010 motor vehicle accident in which she was a passenger on a Greyhound bus involved in the accident. The bus was driven by Jewett. The bus collided with two other vehicles and then crashed into a tree. After review, the Court of Appeal concluded that section 473(b) could provide relief when an action is dismissed due to plaintiff’s counsel’s mistake or inexcusable neglect related to the failure to pay change of venue fees. As this was plaintiff’s initial application for relief under section 473(b), and not a request to reconsider a denial of relief under that section, there was no requirement that she file a motion for reconsideration under section 1008. The Court further concluded that there was sufficient evidence to justify relief under section 473(b). As such, the Court affirmed.
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