Shayan v. Spine Care and Orthopedic Physicians
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After plaintiff filed an interpleader action to resolve claims about a disputed $19,365 sum, two claimants and defendants failed to appear after having received notice of the trial date. The trial court adjudicated the case on the merits and entered judgment. Claimants then filed a motion for relief under the mandatory provision of subdivision (b) of section 473 of the Code of Civil Procedure.
The Court of Appeal affirmed the trial court's denial of claimants' motion, holding that the provision for mandatory relief does not apply absent an actual default, default judgment or dismissal. In this case, the trial court decided the case on the merits.
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