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0898 In deciding a motion brought under CCP 473 seeking to vacate a dismissal previously entered for failure to comply with discovery orders, in view of a previously filed declaration blaming the neglect that led to the dismissal on illness by the plaintiff, the trial court should have ignored a subsequent declaration in which the plaintiff's attorney attempted to shift the blame to himself, and should have denied the motion.CitationTODD v THRIFTY (Shifting Blame) 34 CA4 986 [See: CCP 473; Billings v Health Plan 225 CA3 250; Rogalski v Nabers 11 CA4 816, T/AT 2/93]
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