Tackett V. City Of Huntington Beach

Do the recent amendments to Code of Civil Procedure section 473, requiring a trial court to vacate a default, default judgment, or dismissal if the aggrieved party's attorney submits a timely application for relief "in proper form, . . . accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect," apply to a motion under Government Code section 946.6 for relief from the claim-filing requirement under the Government Tort Claims Act? No. Alternatively, did the superior court abuse its discretion in concluding the petitioning party failed to show excusable neglect that would warrant relief from the Government Code's tort claims filing requirement? Again, the answer is no.