California, United States of America
The following excerpt is from Pasti v. Darakjian, B253259 (Cal. App. 2015):
Section 473's discretionary relief provision permits a party to be relieved from the consequences of mistake, inadvertence, surprise, or neglect. Under this provision, a court has discretion, upon any terms as may be just, relieve a party from a "proceeding" taken against the party through his or her mistake, inadvertence, surprise, or excusable neglect. Thus, discretionary relief is allowed in much broader contexts than the mandatory relief provision for attorney fault. "'"Anything done from the commencement to the termination is a proceeding."' [Citation.]" (Lorenz v. Commercial Acceptance Ins. Co. (1995) 40 Cal.App.4th 981, 989.) Still, a party must make a showing of the claimed mistake, inadvertence, surprise, or excusable neglect. (Ibid.) The court then considers the facts and circumstances of the case to determine whether the reasons given for
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