The court may, upon such terms as may be just, relieve a party from a judgment, order, or other proceeding taken against him or her, including dismissal of an action pursuant to Section 581 or Chapter 1.5 (commencing with Section 583.110) of Title 8, where a court of this state has assumed jurisdiction, pursuant to Section 6180 or 6190 of the Business and Professions Code, over the law practice of the attorney for the party and the judgment, order or other proceeding was taken against the party after the application for the court to assume jurisdiction over the practice was filed. Application for this relief shall be made within a reasonable period of time, in no case exceeding six months, after the court takes jurisdiction over the practice. However, in the case of a judgment, order, or other proceeding determining the ownership or right to possession of real or personal property, without extending the six-month period, when a notice in writing is personally served within the state both upon the party against whom the judgment, order, or other proceeding has been taken, and upon the attorney appointed pursuant to Section 6180.5 of the Business and Professions Code to act under the court's direction, notifying the party and the appointed attorney that the order, judgment, or other proceeding was taken against him or her and that any rights the party has to apply for relief under the provisions of the section shall expire 90 days after service of notice, then application for relief must be made within 90 days after service of the notice upon the defaulting party or the attorney appointed to act under the court's direction pursuant to Section 6180.5 of the Business and Professions Code, whichever service is later. No affidavit or declaration of merits shall be required of the moving party.
§ 473.1.Relief From Judgment When Court Assumes Jurisdiction Over Law Practice of Attorney For Party
Title 6. Of the Pleadings In Civil Actions · Chapter 8. Variance—Mistakes in Pleadings and Amendments · Last amended 1994 · Last verified July 28, 2026
In one sentenceSection 473.1 lets a court relieve a party from a judgment, order, or dismissal taken while a court had assumed jurisdiction over that party’s attorney’s law practice, on an application made within six months of that jurisdiction, or 90 days after specified notice in property cases.
Full Text of § 473.1
Plain-English Summary
When a court assumes jurisdiction over an attorney’s law practice under Business and Professions Code § 6180 or § 6190 — typically because the attorney has become unable to represent clients — a client’s case can suffer while that process plays out. Section 473.1 gives relief modeled on § 473(b) for that specific situation: a party may be relieved from a judgment, order, or other proceeding, including a dismissal under § 581 or Chapter 1.5 (commencing with § 583.110) of Title 8, taken against the party after the application to assume jurisdiction over the practice was filed.
The application must be made within a reasonable time, never more than six months after the court takes jurisdiction over the practice. As with § 473, property cases get an accelerated alternative: personal service in California of a specified written notice — served on both the party and the attorney appointed under Business and Professions Code § 6180.5 to act under the court’s direction — starts a 90-day window running from whichever service happens later, without extending the six-month period. No affidavit of merits is required.
Frequently Asked Questions
What relief does § 473.1 provide that isn’t already covered by § 473?
It addresses a specific circumstance — a judgment or order taken against a party while a court has assumed jurisdiction over that party’s own attorney’s law practice under Business and Professions Code § 6180 or § 6190 — using a similar six-month/90-day relief structure.
How long do I have to seek relief under § 473.1?
Within a reasonable time, not exceeding six months after the court assumes jurisdiction over the practice, or within 90 days after the specified personal service in property cases, whichever service is later.
Amendment History
Amended by Stats. 1993, Ch. 589, Sec. 25. Effective January 1, 1994.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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