California, United States of America
The following excerpt is from Lee v. Taiwanese Am. Seniors Ass'n of S. Cal., B287716 (Cal. App. 2018):
Relying on Litvinuk v. Litvinuk (1945) 27 Cal.2d 38, 43-44, plaintiff contends an appeal from a denial of a motion to vacate an appealable judgment cannot be brought if the grounds upon which the party sought to have the judgment vacated existed before entry of judgment. But defendant's appeal from the section 473(b) order does not raise the same issues as would an appeal from the judgment. Defendant seeks relief from the judgment and order based on the grounds of mistake, inadvertence, surprise, and excusable neglect.
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