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3256 The statute providing for mandatory relief from a dismissal resulting from an attorney's mistake applies only when the dismissal was the functional equivalent of a default, and not when it results from an attorney's error in judgment in failing to designate experts whose testimony was required to establish an element of the case.
GOTSCHALL v DALEY (Battery Causation) 96 CA4 479 [See: CCP 473(b); Peltier v McCloud 34 CA4 1809, T/AT 6/95; Leader v Health Ind 89 CA4 603, E/AT 7/01; Kalaba v Gray 95 CA4 1416, E/AT 3/02]
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