Can an order denying a motion to vacate a default be reviewed on appeal?
California, United States of America
The following excerpt is from Brochtrup v. Intep, 190 Cal.App.3d 323, 235 Cal.Rptr. 390 (Cal. App. 1987):
1 An order denying a motion to vacate a default may be reviewed on appeal from a judgment. (Winter v. Rice (1986) 176 Cal.App.3d 679, 682, 222 Cal.Rptr. 340.) Although other issues were raised on appeal, because the denial of relief by the trial court was erroneous, we need not address those issues.
2 Unless otherwise indicated, all statutory references are to the Code of Civil Procedure.
3 Section 2033 provides in pertinent part:
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