The court DENIES Theresa Alford’s (“Theresa’s”) motion under Code of Civil Procedure section 473, subdivision (b) to set aside the 03/30/17 Order on Memorandum of Costs and permit her to file a motion to tax the costs sought in the Memorandum of Costs filed by Elisabeth Miranda and Patricia Gauvin (“Elisabeth and Patricia”) on 02/17/17.
The court also denies the request by Elisabeth and Patricia for sanctions under Code of Civil Procedure section 128.5.
Under Code of Civil Procedure section 473, subdivision (b) (“Section 473(b)”), the court “may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” Two types of relief are potentially available under Section 473(b):
1. Mandatory relief from default, default judgment, or dismissal, which must be based on an attorney’s sworn affidavit attesting to his or her