An Explanation Of The Case Management Conference

1282 Words6 Pages
An mistake of fact is said to be made when a person understands the facts to be other than they are "A mistake sufficient to vacate a dismissal may be found where a party, under some erroneous conviction, does an act he would not do but for the erroneous conviction. . (H. D. Arnaiz, Ltd. v. County of San Joaquin, (2002) 96 Cal. App. 4th 1357, 1368.) Here, Ms. Ocampo was mistaken as to the date, type and form of response commanded by the various papers delivered to her daughters nurse during an overwhelming hectic, emotionally and physically draining period of illness for her infant daughter. Ms. Ocampo mistake was compounded by her neglect to read the papers carefully, and developed a faulty understanding of the facts that lead her to erroneous believe that she needed to show up to the court date set for the case management conference in order to contest the allegations. The default was not entered against Ms. Ocampo because she agreed with the allegations or desired that to be the process by which the matter should be resolved, indeed Ms. Ocampo contests the allegation of the complaint and desires to present the facts supporting her defense. The default here occurred because Ms. Ocampo failed to file a proper written and timely response due to her misapprehension of the facts and an erroneous belief resulted in the taking of the default against her in this matter, a result she did not desire and did not understand she would suffered based upon her erroneous conviction.

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