California, United States of America
The following excerpt is from Kretzmar v. Triad Global Asset Mgmt., Inc., B245300 (Cal. App. 2014):
Thus, "[d]iscretionary relief based upon a lack of actual notice under [Code of Civil Procedure] section 473.5 empowers a court to grant relief from a default judgment where a valid service of summons has not resulted in actual notice to a party in time to defend the action. [Citations.] A party seeking relief under section 473.5 must provide an affidavit showing under oath that his or her lack of actual notice in time to defend was not caused by inexcusable neglect or avoidance of service. [Citations.]" (Anastos v. Lee, supra, 118 Cal.App.4th at p. 1319.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.