Bernasconi Commercial Real Estate v. St. Joseph's Regional Healthcare System

In Bernasconi Commercial Real Estate v. St. Joseph's Regional Healthcare System (1997) 57 Cal.App.4th 1078, in reviewing a dismissal for failure to serve a complaint within three years ( 583.210, 583.250), the Third District Court of Appeal held that the mandatory relief provision of section 473 should be "limited to those dismissals which are the procedural equivalent of defaults -- i.e., those which occur because the plaintiff's attorney has failed to oppose a dismissal motion." (Id. at p. 1082.)