Plaintiff Daniel Long filed a Superior Court lawsuit against the San Francisco Forty Niners following an assault in the parking lot after a professional football game. After almost two years of litigation, and only weeks before trial, plaintiff voluntarily dismissed his Superior Court action in favor of a newly-filed federal action. When the federal court dismissed the federal case for lack of subject matter jurisdiction, plaintiff asked the Superior Court to set aside his state court dismissal under Code of Civil Procedure section 473. The trial court refused to grant relief, and plaintiff appealed. The Court of Appeal affirmed the trial court’s decision, finding that neither the mandatory nor discretionary provisions of Code of Civil Procedure section 473 applied to save plaintiff’s counsel from his strategic decision to forego the state court proceeding. Partner Matthew Conant represented the Forty Niners in the trial court; appellate specialist Lori Sebransky handled the appeal.
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