Is a motion to vacate an order under section 473 of the Code of Civil Procedure filed before the date of the order?
California, United States of America
The following excerpt is from Davis v. Thayer, 113 Cal.App.3d 892, 170 Cal.Rptr. 328 (Cal. App. 1980):
Respondent urges that the case of Troncale v. Troncale (1960) 179 Cal.App.2d 86, 90, 3 Cal.Rptr. 474, should be regarded as foreclosing the contentions of the appellants. In Troncale the court made an order [113 Cal.App.3d 904] September 3, 1957. A motion to vacate such order under section 473 of the Code of Civil Procedure was filed March 3, 1958.
With respect to the timeliness of the motion the court in Troncale at page 90 stated:
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