"In September 2014, appellant filed the present action against respondents, alleging
wrongful foreclosure and related causes of action arising from a July 2012 trustee’s sale
of appellant’s real property.
In May 2016, respondents demurred to all causes of action in appellant’s
complaint. On June 10, respondents filed a notice of non-receipt of opposition to the
demurrer. On July 13, the trial court sustained the demurrer without leave to amend and
entered judgment in favor of respondents.
On January 12, 2017, almost six months after entry of the judgment, appellant
moved for relief from the judgment under Section 473(b). He submitted a sworn
declaration from his counsel in which counsel averred he attempted to file an amended
complaint on June 14, 2016, shortly before the June 16 hearing on the demurrer. The
court clerk declined to file the amended complaint because the statute allowing the filing
of an amended complaint pending a hearing on a demurrer (§ 472) had been amended
effective January 1, 2016, to require that an amended complaint be filed within the time
provided for filing opposition to the demurrer (Stats. 2015, ch. 418, § 2). Appellant’s
counsel averred that he was not aware of the amendment to the statute, which previously permitted the filing of an amended complaint at any point before the hearing."
Whoops. That's, inter alia, why it's a good idea to keep up with recent legislation and cases.
Ultimately the Court of Appeal grants the plaintiff mandatory Section 473 relief. But you've still got all the work, hassle, and embarrassment of having to file all that stuff.
Better not to make the mistake in the first place. Obviously.
