In plaintiff's suit against a Taiwanese corporation and an Israeli corporation claiming that they misappropriated the design of a microchip used in manufacturing personal computers, trial court's entry of default judgment against defendants is reversed where: 1) undisputed facts plainly establish defendants' attorney's fault necessary to trigger a right to mandatory relief; 2) plaintiff's argument that relief was barred by Code of Civ. Proc. section 1008, which restricts motions for reconsideration and renewals of previously denied motions, is rejected; and 3) to the extent a literal application of section 1008 might conflict with the provisions of section 473(b), the latter must prevail.
Filed November 24, 2009
Opinion by Judge Rushing
For Appellant: Reed Smith, Paul D. Fogel, Raymond A. Cardozo, Finnegan, Henderson, Farabow, Garrett & Dunner, Robert F. McCauley, Steven H. Morrissett, Elisabeth J. Barek, Wendy A. Herby
For Appellee: Dechert, Chris Scott Graham