Court of Appeal Clarifies CCP §473(b) Relief After an Uncontested Trial

Division Six of the California Court of Appeal recently clarified how Code of Civil Procedure §473(b) applies when a party fails to appear for trial. The court held that discretionary relief may be available, even after an uncontested trial, but the statute’s mandatory relief provision does not apply in that situation.

The case arose after defendants failed to appear for trial, allegedly because their attorney did not tell them when or where to appear. Judgment was entered against them, and the trial court denied relief without considering whether the failure to appear was excusable. Perez v. Aranda (2025).

Discretionary Relief Must Be Considered

The Court of Appeal reversed, explaining that §473(b)’s discretionary language applies broadly to “a judgment, dismissal, order, or other proceeding.” That includes judgments entered after an uncontested trial, not just defaults or default judgments.

The trial court’s refusal to evaluate whether the absence was excusable—or whether counsel’s conduct amounted to abandonment—was legal error. Failing to exercise discretion, the court held, is itself an abuse of discretion requiring reversal.

Mandatory Relief Does Not Apply

The defendants also sought relief under §473(b)’s mandatory provision, based on attorney fault. The Court of Appeal rejected that argument, reaffirming that a judgment entered after an uncontested trial is not a “default,” “default judgment,” or “dismissal” within the meaning of the statute.

In doing so, the court followed prior authority holding that one-sided prove-up trials are not procedurally equivalent to defaults for purposes of mandatory relief. Earlier cases suggesting otherwise have since been disavowed.

Why This Matters for Litigators

This decision reinforces an important distinction: missed trials may still be addressed under discretionary relief, but attorneys cannot rely on mandatory relief simply by submitting an affidavit of fault. Careful motion practice—and a clear record on excusable neglect or attorney abandonment—remains critical.

If you have a serious injury case that would benefit from experienced trial representation from intake through resolution, we welcome the opportunity to connect.

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