Excerpt: ...rty seeking relief under section 473 bears the burden of proof. In re Marriage of Kieturakis (2006) 138 Cal.App.4th 56, 80. 4. “In determining whether the attorney's mistake or inadvertence was excusable, ‘the court inquires whether “a reasonably prudent person under the same or similar circumstances” might have made the same error.”' [Citation.]” Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 258. “In other words...

Excerpt: ...iders (1) a rough approximation of the plaintiff's total recovery and the settling party's proportionate liability; (2) the amount to be paid in the settlement; (3) the proposed allocation of the settlement proceeds among plaintiffs; (4) a recognition that the settling party should pay less in settlement than if they were found to be liable after trial; (5) the financial condition of the settling party, and the insurance policy limits, if any; an...

Excerpt: ...” CCP § 2031.310(b)(1) (emphasis added); Kirkland v. Sup. Ct. (Guess?, Inc.) (2002) 95 Cal.App.4th 92, 98. 2. To establish “good cause,” the burden is on the moving party to show both relevance to the subject matter and specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial.) Glenfed Develop. Corp. v. Sup. Ct.; National Union Fire Ins. Co. of Pittsburgh, Penn. (199...