Pagnini v. Union Bank, N.A.
Annotate this CaseAfter plaintiff-appellant Joshua Pagnini failed to respond to a demurrer filed by defendants-respondents Union Bank, N.A. and Unionbancal Mortgage Corporation, the trial court sustained the demurrer and entered judgment in favor of respondents. Appellant appealed the court’s denial of his motion for relief under Code of Civil Procedure section 473 (b). The Court of Appeal concluded the trial court was obligated to grant relief under the mandatory provision of Section 473(b), where appellant presented a sworn declaration from his counsel attesting that counsel mistakenly failed to respond to the demurrer by timely filing an amended complaint. Respondents’ demurrer was effectively a “dismissal motion” and appellant’s counsel’s mistaken failure to respond to the motion obligated the trial court to relieve appellant from counsel’s error. The trial court's order was reversed and the matter remanded for further proceedings.
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