When a party becomes incompetent but no guardian ad litem is appointed, can the court grant relief to a party's attorney who failed to properly file an answer?

California, United States of America


The following excerpt is from Stiles v. Wallis, 147 Cal.App.3d 1143, 195 Cal.Rptr. 377 (Cal. App. 1983):

"Extrinsic mistake is found when a party becomes incompetent but no guardian ad litem is appointed [Citation Omitted.]; when one party relies on another to defend [Citation Omitted.]; when there is reliance on an attorney who becomes incapacitated to act [Citation Omitted.]; when a mistake led a court to do what it never intended [Citation Omitted.]; when a mistaken belief of one party prevented proper notice of the action [Citation Omitted.]; or when the complaining party was disabled at the time the judgment was entered [Citation Omitted.]. Relief has also been extended to cases involving negligence of a party's attorney in not properly filing an answer [Citation Omitted.]." (Kulchar v. Kulchar (1969) 1 Cal.3d 467, 471, 472, 82 Cal.Rptr. 489, 462 P.2d 17.)

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