Gotschall v. Daley

In Gotschall v. Daley (2002) 96 Cal.App.4th 479, the Third District Court of Appeal held that the mandatory relief prescribed under section 473 is intended to allow relief for a failure to appear, but not for submission of deficient opposition papers. As stated in Gotschall: "The mandatory relief provision . . . applies only to those situations in which the mistake causes a failure to oppose a dismissal motion, such as failing to appear for the hearing on the motion." (Id. at p. 484.)