In Ambrose v. Michelin North America, Inc. (2005) 134 Cal.App.4th 1350, a plaintiff lost a summary judgment motion and then sought relief under the mandatory relief provision of section 473 on the grounds that counsel was at fault for not requesting a continuance of the hearing for further preparation. Division Two of the Fourth District Court of Appeal held that this did not fall under the mandatory relief provision, distinguishing it from Avila, supra, because substantive opposition was filed.