Is Purchaser's argument that section 473(b) mandatory relief in a medical malpractice case is inapplicable?

Relying on Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 619-620 (Leader), Purchaser presents only one argument related to the potential application of section 473(b)'s mandatory provision. According to Purchaser, section 473(b) mandatory relief is inapplicable where, as here, the trial court exercises its discretion by dismissing a complaint pursuant to section 581, subdivision (f)(2)which provides that the court may dismiss a complaint when the trial court sustains a defendant's demurrer with leave to amend and the plaintiff does not timely amend. (See fn. 1, ante.) In making this argument, Purchaser misapplies Leader by failing to appreciate that Leader is both factually distinguishable from, and by express limiting language inapplicable to, the present case.

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