Does a court have discretion to relieve a party from a judgment, dismissal, or other proceeding arising from a mistake, inadvertence, or excusable neglect?

California, United States of America


The following excerpt is from Sanchez v. Sanchez, B293128 (Cal. App. 2019):

Code of Civil Procedure section 473 accords a court discretion to relieve a party from "a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code Civ. Proc., 473, subd. (b).) The statute does not provide relief, however, from "errors that result in the running of the applicable statute of limitations. [Citations.]" (Life Savings Bank v. Wilhelm (2000) 84 Cal.App.4th 174, 177.)

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