Matera v. McLeod

In Matera v. McLeod (2014) 145 Cal.App.4th 44, the plaintiffs obtained a default judgment which awarded them compensatory and punitive damages and attorney fees as well as a sanctions award. The defendants' attorney had failed to file opposition to plaintiff's discovery motions and failed to appear at several subsequent hearings. In a motion for relief from default judgment, the attorney submitted a declaration stating that his failure to file opposition papers, attend hearings, or communicate with his clients was due to his own neglect. (Id. at p. 53.) The court of appeal found the attorney's neglect was the sole cause of defendants' failure to comply with the discovery order which resulted in the terminating sanction and reversed the order denying relief from the default judgment. (Id. at p. 68.) "The application of the mandatory relief provision in these circumstances is consistent with the purpose of the statute to relieve the client of the burden caused by the attorney's error, impose a burden on the attorney instead, and avoid additional malpractice litigation." (Id. at p. 67.)