Benedict v. Danner Press

In Benedict v. Danner Press (2001) 87 Cal.App.4th 923, the court noted that the mandatory relief provision of section 473, subdivision (b), was enacted to correct a situation where "'clients who have done nothing wrong are often denied their opportunity to litigate, simply because of the mistake or inadvertence of their attorneys in meeting filing deadlines.'" (Benedict, supra, at p. 932.) Benedict, granted relief from a default entered due to an attorney's mistaken belief that an amended complaint did not require a response. Unlike the deadline for payment of the filing fee, the deadline for filing an amended complaint was not characterized as jurisdictional.