If At First You Don’t Succeed With A Motion For Mandatory Relief, Don’t Wait Too Long To Try, Try Again.

In a dispute involving construction of a condominium project, defendants failed to file a responsive pleading after the court denied defendants’ petition to order the matter into arbitration. The trial court entered a $1.7 million default judgment. Defendants moved for mandatory relief pursuant to Code of Civil Procedure section 473(b), which the trial court denied because the attorney declaration was “not credible” and “too general.” Weeks later, defendants renewed their motion with a more detailed declaration. Several times the trial court stated the more detailed explanation was not credible, but granted relief nonetheless. The trial court also expressed that, although the renewed motion did not meet the requirements for a motion for reconsideration under Code of Civil Procedure section 1008, it felt bound to follow Standard Microsystems Corp. v. Winbond Electronics Corp. (2009) 179 Cal.App.4th 868, [102 Cal.Rptr.3d 140], a decision that held section 1008 does not apply to a renewed section 473(b) motion for mandatory relief. After declining to follow the holding in Standard Microsystems, the appellate court reversed and ordered reinstatement of the judgment, concluding the trial court lacked jurisdiction to consider the renewed motion as § 1008 requires action within a short period of time. Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (Cal.App. Second Dist., Div. 4; April 10, 2013) 215 Cal.App.4th 277.