Metropolitan Service Corp. v. Casa de Palms, Ltd

In Metropolitan Service Corp. v. Casa de Palms, Ltd. (1995) 31 Cal.App.4th 1481, the court said: "Although defendants' memorandum of points and authorities referred to the discretionary provisions of section 473, plaintiff's own memorandum in opposition directed the court's attention to the mandatory provisions based on an attorney's affidavit of fault. Under the circumstances, the trial court should have considered the mandatory provisions, which do not require a showing that the attorney's neglect was excusable nor a showing of diligence short of the six-month time limit."