SAN DIEGO — Editor's note: A preliminary version of this story stated that a Superior Court Judge found the plaintiff's attorneys had failed to properly notify the city. The judge instead ruled that the city "sufficiently demonstrated facts of 'mistake, inadvertence, surprise, or excusable neglect' and therefore is entitled to discretionary relief from entry of default and default judgment."
A Superior Court Judge is giving the city of San Diego another chance to defend itself in a trip-and-fall lawsuit filed by a 74-year-old woman who stepped in a pothole outside of the Clairemont Mesa Post Office.
As first reported by CBS 8, the city had failed to show up for the July 7 trial. A judge in the case later awarded Diane Lloyd nearly $900,000 for injuries she suffered in the fall.
After running the story, the city told CBS 8 that Lloyd's attorneys at the Gomez Law Firm failed to serve the correct city department and the city had no idea there was ever a case.
On August 26, the judge decided to set aside the $900,000 award and is giving the city until Friday, September 2 to respond to the lawsuit.
In an August 25 tentative ruling which was confirmed the following day, Judge Ronald Frazier found that while the city "did have actual notice of the lawsuit before entry of default," mistakes were made during litigation.
"[The city] has sufficiently demonstrated facts of 'mistake, inadvertence, surprise, or excusable neglect and therefore is entitled to discretionary relief from entry of default and default judgment," reads the August 25 ruling.
The case will now make its way through San Diego Superior Court.
Lloyd's attorneys say they "are disappointed in the Court’s ruling and will be appealing."
WATCH RELATED: San Diego fails to respond to trip-and-fall lawsuit, leaving taxpayers to foot a potential $2.49 million judgment
WATCH RELATED: San Diego to pay nearly $900,000 for trip-and-fall case that it failed to appear for in court
