First District, Division 3 Finds Fees Can Be Awarded As a Condition of Relief.
Vanderkous v. Conley, Case No. A125352 (1st Dist., Div. 3 Sept. 2, 2010) (certified for publication), although citable on other grounds, does reinforce an importance principle when a trial court grants relief to a litigant under Code of Civil Procedure section 473: it may condition relief under this section on the payment of an adversary’s fees and costs. (Rogalski v. Nabers Cadillac, 11 Cal.App.4th 816, 822-823 (1992).) That is what happened in Vanderkous, with the granting of a section 473 motion costing the moving party $16,763 in fees and costs to its adversary.
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