Equity: CCP § 473 Allows For Dismissal Relief If Plaintiff Fails To Pay Venue Transfer Fees Due To Attorney Neglect

 

Equity Prevailed!

image

    Greyhound Bus sign, S. Carolina.  Oct. 29, 2007.  Carol M. Highsmith, photographer.  Library of Congress.

     In Gee v. Greyhound Lines, Inc., Case No. C077077 (3d Dist. Nov. 21, 2016) (published), plaintiff had her case dismissed after she failed to pay venue transfer fees based on her attorney’s error.  The trial court granted relief to plaintiff under section 473.  The Third District affirmed.  “Section 473, subdivision (b), can provide relief when an action is dismissed due to a plaintiff’s counsel’s mistake or inexcusable neglect related to the failure to pay change of venue fees.”

    BLOG HAT TIP—The winning attorney was Stuart R. Chandler, aka “Mr. Fresno”.  Co-contributor Mike knows Mr. Chandler well, he graduated from the same high school class (Bullard High, Fresno) and he/Mike studied for the bar together in Fresno during the summer of 1979.  Congratulations, Stuart!

Scroll to Top