Can a motion to vacate and a default judgment under section 473 be reviewed for abuse of discretion?

California, United States of America


The following excerpt is from Ung v. Headman, H042617 (Cal. App. 2017):

Thus, the two-year limitations period set forth under section 473.5 applies, and section 473, subdivision (d) cannot offer appellant any relief. A motion to vacate a default and a default judgment under section 473 is reviewed for an abuse of discretion. (Parage v. Couedel (1997) 60 Cal.App.4th 1037, 1041.) Since appellant's motion under section 473 was untimely, the trial court did not abuse its discretion in denying it on this ground.

2. Equitable Relief on the Ground of Extrinsic Fraud or Mistake

Other Questions


What constitutes an abuse of discretion in a motion to vacate a default judgment? (California, United States of America)
When reviewing an order denying a section 1473.7 motion to vacate, what is the test for independent review? (California, United States of America)
Is a court's ruling on a motion for discretionary relief under section 473(b) 6 reviewed for abuse of discretion? (California, United States of America)
Is a superior court's ruling on a motion for discretionary relief under section 473, subdivision (b) of the California Civil Code reviewed on appeal for abuse of discretion? (California, United States of America)
When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
Is denial of a nonstatutory motion to vacate reviewed for abuse of discretion? (California, United States of America)
In reviewing a ruling on an anti-SLAPP motion, how do we review an order granting or denying a motion to strike under section 425.16 de novo? (California, United States of America)
In a motion before the Superior Court of Justice to vacate a judgment against an appellant, what is the effect of the judgment against the appellant on the motion to withdraw his plea? (California, United States of America)
What is the test for a motion denying an order denying a section 1016.5 motion for an abuse of discretion? (California, United States of America)
Is there an abuse of authority or abuse of discretion in setting aside a default and judgment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.