Is a superior court's ruling on a motion for discretionary relief under section 473, subdivision (b) of the California Civil Code reviewed on appeal for abuse of discretion?

California, United States of America


The following excerpt is from Ayala v. Cal. State Univ. Fresno, F068067 (Cal. App. 2014):

Generally, a superior court's ruling on a motion for discretionary relief under section 473, subdivision (b) is reviewed on appeal for an abuse of discretion. (Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 257.)

Other Questions


Is a court's ruling on a motion for discretionary relief under section 473(b) 6 reviewed for abuse of discretion? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
What is the test for an appeal of the Court of Appeal's decision not to grant relief on appeal from an alleged abuse of discretion? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
How should the Court of Appeal review the first-stage ruling of a motion to review the denial of Batson/Wheeler motion? (California, United States of America)
What is the legal test for "abuse of discretion" in a motion to review a ruling by a superior court? (California, United States of America)
What is the legal test for approval of a motion by the California Supreme Court on a motion to approve a motion for approval by the Court of Appeal? (California, United States of America)
Does a denial of a motion for reconsideration by the appellate court of the Superior Court of Appeal affect the appealability of the denial of the motion to reconsideration? (California, United States of America)
Can a court grant discretionary relief based upon a lack of actual notice under section 473.5 of the California Code of Civil Procedure? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.