BUCKMAN VS VILLASENOR PEREZ

judgment, not the default. (Sugasawara v. Newland (1994) 27 Cal.App.4th 294, 297.) The application for relief “shall be accompanied by a copy of the answer or other pleading proposed to be filed ... otherwise the application shall not be granted.” (C.C.P. § 473(b).)

Relief must be granted even where the default resulted from inexcusable neglect by defendant's attorney, “so long as the attorney affidavit of fault shows the error was the fault of the attorney rather than the client.” (Jimenez v. Chavez (2023) 97 Cal.App.5th 50, 57.) An admission of fault that does not include an explanation of the reason for the fault may still be sufficient (Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 442-443), but because the court may deny relief if it finds the default or dismissal “was not in fact caused by the attorney’s mistake, inadvertence, surprise, or neglect” (Jimenez, 97 Cal.App.5th 50, 57), the explanation of the reasons “can serve as a causation testing device” in determining whether the neglect was caused by the client or the attorney. (Martin Potts & Associates, 244 Cal.App.4th 432, 442 [internal quotation marks omitted].)

When relief is granted based on an attorney affidavit of fault, sanctions of reasonable compensatory legal fees and cost” to the opposing counsel or parties are mandatory. [C.C.P. §473(b).) The court may also impose sanctions against the culpable attorney of monetary sanctions up to $1,000 to opposing parties, $1,000 to the State Bar Client Security Fund, or “other relief as is appropriate.” (C.C.P. §473(c)(1)(A), (B) and (C).)

Here, the court notes that in his affidavit, the Defendant’s attorney admits fault in failing to file a timely answer due to attempts to obtain better copies of what he described as illegible documents. Upon learning of the default, actions were taken to have the default set aside within less than two months. Defendant has attached a copy of the proposed answer and cross-complaint to the motion to set aside default.

Motion to Set Aside and Vacate Default GRANTED.

Defendants’ Answer and Cross-Complaint shall be deemed filed as of the date of this order.