Motion To Be Relieved From Dismissal Entered As Terminating Sanction.

Plaintiff failed to respond to discovery requests, and was ordered by the trial court to respond.  When she did not, the trial court dismissed her complaint as a terminating sanction. Later, she moved pursuant to Code of Civil Procedure section 473(b), for relief, and the trial court denied the motion.  On appeal, the appellate court reversed, finding plaintiff was entitled to relief.  The appeals court stated: (1) With regard to the words “dismissal entered” in section 473(b), a judgment of dismissal as a terminating sanction qualifies; (2) With regard to the words “unless the court finds” in section 473(b), the phrase is ambiguous. What is required under the statute is an explicit finding by the court that denies mandatory relief. Here, the reporter’s transcript and the written order prepared by defense counsel do not contain the required finding; (3) Because plaintiff, herself, was not responsible for the terminating sanction, she is eligible for mandatory relief provided she satisfied the other statutory requirements; and (4) The words “in proper form” in section 473(b) means the application for relief must include a showing that verified discovery responses were delivered to opposing counsel before the hearing and those responses substantially comply with applicable requirements.  (Rodriguez v. Brill (Cal. App. Fifth Dist.; February 20, 2015) 234 Cal.App.4th 715, [184 Cal.Rptr.3d 265].)