The lawsuit filed in the Court of Appeal of the State of California, First Appellate District, Division Five, under case ID A167137 on February 28, 2024, involves W. Bradley Electric Inc., DeHaro Ramirez Group as cross-defendants and respondents against Mitchell Engineering as a cross-complainant and appellant. The dispute centers around Mitchell Engineering's appeal against an order denying its motion to set aside a judgment dismissing its cross-complaint against W. Bradley Electric Inc. and DeHaro Ramirez Group.
Mitchell Engineering alleges that the dismissal should have been vacated under section 473, subdivision (d), because its attorney entered into a settlement agreement and dismissed the cross-complaint without Mitchell’s express authorization. The defendant also argues that the court should have granted relief under section 473, subdivision (b), on grounds of surprise or excusable neglect.
Mitchell Engineering further contends that it ratified the unauthorized actions of its attorney and fails to establish that the trial court abused its discretion in denying the motion to set aside the dismissal. The plaintiff seeks for this dismissal to be deemed void rather than voidable for purposes of section 473, subdivision (d).