Can a court order a default judgment or dismissal in a medical malpractice case arising from a mistake, inadvertence, surprise or neglect?

relief provision, a court may allow relief based upon the court's evaluation of the nature of the mistake, inadvertence, surprise or excusable neglect alleged and the justification proffered for the conduct that occurred. In contrast, under the mandatory relief provision, upon a showing by an attorney declaration of "mistake, inadvertence, surprise, or neglect," a court "shall" vacate any resulting default, default judgment or dismissal entered. ( 473, subd. (b); Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 612 ["if the prerequisites for the application of the mandatory provision of [] 473, [subd.] (b) exist, the trial court does not have discretion to refuse relief"].)