Another pithy and useful published opinion by Justice Wiley here today, about CCP section 473, which channels two great legal philosophers, Paul Turner and Horton:Presiding Justice Paul Turner thoroughly canvassed the cases and the arguments in his Urban decision. Quoting a range of authorities, the Urban decision basically ruled this statute means what it says and says what it means, which resolves the issue: the statute covers only defaults, default judgments, and dismissals.
Lawyers are pretty good at inventing analogies. This provision sees heavy use in trial courts. In the long run, everyone benefits from clear, exact, and predictable rules of civil procedure. This statute, as written, gives a clear, exact, and predictable rule. The Legislature can amend it if the coverage is wrong. Until the Legislature acts, the statute’s words settle the matter.
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