Zamora v. Clayborn Contracting Group, Inc.

Pablo Zamora (plaintiff) and Clayborn Contracting (defendant) disputed who owed whom money. Zamora's attorney sent a statutory settlement offer intended to have Clayborn pay Zamora $149,999, but a legal assistant's typo made the offer read that judgment would be entered against Zamora. Clayborn quickly accepted. Zamora moved to set aside the offer as the product of mistake and excusable neglect, explaining he had only ever authorized a settlement in his favor and had never offered to pay Clayborn anything. The trial court found a clerical error and set aside the judgment; the Court of Appeal affirmed, and Clayborn obtained review.

Whether a trial court may vacate a judgment or order-including a voluntary, stipulated one-taken against a party as a result of that party's own mistake, inadvertence, surprise, or excusable neglect.