Does an attorney need to represent a client in a civil action before that attorney's surprise can cause the entry of default against the client?
California, United States of America
The following excerpt is from Kiewit Pac. Co v. Lehman Ali Inc, C061918, No.SCV-23012 (Cal. App. 2010):
Despite this simple and definitive fact, defendant asserts that "an attorney need not represent a client in a civil action before that attorney's surprise can cause the entry of default against the client for purposes of section 473(b)." For this proposition, defendant cites SJP Limited Partnership v. City of Los Angeles (2006) 136 Cal.App.4th 511, 516 (SJP).) That case, however, is distinguishable on its facts.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
Is an attorney permitted by virtue of his employment to bind the client in procedural matters arising during the course of the action but not impair the cause of action? (California, United States of America)
Is a plaintiff entitled to a cause of action for civil relief when they allege that they were discharged because they designated an attorney to represent them? (California, United States of America)
What is the difference between a personal and official capacity civil action and a civil action for deprivation of federal rights? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
What is the test for a civil action under Section 1983 of the Civil Code of Civil Procedure? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
