In English v. IKON Business Solutions, Inc. (2001) 94 Cal.App.4th 130, the plaintiff opposed a defense summary judgment motion based solely on a requested continuance to conduct discovery. (English, supra, 94 Cal.App.4th at pp. 133-134.) After denying the request, the trial court granted summary judgment. (Id. at p. 134.) The plaintiff sought relief under section 473(b)'s mandatory relief provision based on her attorney's declaration of fault for failing to oppose the summary judgment motion on the merits. (English, at p. 134.) After thoroughly reviewing the legislative history of the mandatory relief provision and the case law interpreting it, the Court of Appeal concluded the mandatory relief provision does not apply to summary judgments. (Id. at pp. 138-143.) The court reasoned that "a summary judgment is neither a 'default,' nor a 'default judgment,' nor a 'dismissal.' " (English, supra, 94 Cal.App.4th at p. 143.) The court explained that a summary judgment is not a "default" within the meaning of section 473(b) because the statute refers only to "a 'default' entered by the clerk (or the court) when a defendant fails to answer a complaint, not to every 'omission' or 'failure' in the course of an action ... ." (English, supra, 94 Cal.App.4th at p. 143.) A summary judgment likewise is not a default judgment, which "is a judgment entered after the defendant has failed to answer the complaint and the defendant's default has been entered." (Ibid.) Finally, a summary judgment is not a dismissal, which is defined as " 'the withdrawal of an application for judicial relief by the party seeking such relief, or the removal of the application by a court.' " (Id. at p. 144.) While the court acknowledged that the summary judgment statute allows a court to grant summary judgment if the opposing party fails to file a separate statement of disputed and undisputed material facts, it noted that even in that situation, "the court cannot grant the motion 'until it has considered all of the papers and determined no triable issue of material fact exists and the moving party is entitled to judgment as a matter of law.' " (Id. at p. 149.) Thus, a defense summary judgment cannot be considered a dismissal because it "does not constitute a removal of the plaintiff's application for judicial relief, but rather an adjudication ... based on the undisputed facts before the court." (Ibid.) The English court disagreed with other courts' "expansive interpretation of the statute under which the dispositive test, largely detached from the language of the statute itself, is whether the ruling from which relief is sought was 'in the nature of a default' and whether the party seeking relief 'had her day in court.' " (English, supra, 94 Cal.App.4th at pp. 147-148.) English deferred to the express dictates of the mandatory provision, saying no "court is at liberty to substitute its judgment for that of the Legislature in determining how far the statute should reach, no matter what good intentions may urge such an action." (Id. at p. 148.)