Thomas v. Herring Broadcasting Co.
Donna Thomas appeals from the trial courts order denying her motion for relief under Code of Civil Procedure[1]section 473, subdivision (b) (section 473(b)) after her attorney missed the deadline to file a postjudgment motion for attorney fees as set forth in California Rules of Court,[2]rule 3.1702(b)(1). As Court explain, because the trial court based its decision denying relief on an erroneous understanding of the relevant facts, and because the facts set forth by Thomas were sufficient to warrant relief under section 473(b), the trial court abused its discretion in denying the motion. Accordingly Court reverse the trial courts order and direct that Thomas be afforded the relief she requested.
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