Darab N. v. Olivera

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The Court of Appeal affirmed the trial court's judgment denying defendant's request from relief from default under Code of Civil Procedure section 473, subdivision (b), two orders granting motions to quash subpoenas filed by plaintiff, and an order denying her request under Family Code section 7605 that plaintiff pay her attorney fees. After defendant gave birth to a daughter who was born with heroin in her system, the child was detained by DCFS. Plaintiff, the father, then petitioned to establish parental relationship, and defendant was found in default after she failed to respond to the petition.The court held that the trial court did not abuse its discretion in finding that section 473, subdivision (b)'s mandatory provision was only mandatory unless the trial court found that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise or neglect; the trial court did not abuse its discretion by granting plaintiff's motions to quash VISIONS and Cedars-Sinai subpoenas; the trial court did not abuse its discretion when it denied defendant's request for attorney fees; and there was no error in the trial court's orders that required reversal of the judgment. View "Darab N. v. Olivera" on Justia Law