Gutierrez v. G & M Oil Co., 2010 Cal. App. LEXIS 640 (Cal. Ct. App. May 7, 2010)

Gutierrez v. G & M Oil Co., 2010 Cal. App. LEXIS 640 (Cal. Ct. App. May 7, 2010)

LexisNexis Core Overview: Mandatory relief provision of Code Civ. Proc., § 473, entitled a corporation to relief from default in a suit for violations of wage and hour laws notwithstanding counsel's status as a corporate officer when he neglected the suit; § 473 did not differentiate between attorneys who were officers of a corporate employer and those who were not.

Counsel: Spiro Moss and Gregory N. Karasik for Plaintiff and Appellant.

Littler Mendelson, Tony R. Skogen, Fermin H. Llaguno and Keith A. Jacoby for Defendant and Respondent.

Judge: Opinion by Sills, P. J., with Moore and Aronson, JJ., concurring.

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