California, United States of America
The following excerpt is from Hudack v. Siggard, E072714 (Cal. App. 2020):
We apply the abuse of discretion standard when reviewing an order granting relief. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981.)3 Section 473, subdivision (b) (hereafter, section 473(b)), provides, in relevant part, "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." Thus, the trial court has
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discretion to grant a party relief from default if the party or the party's attorney made a mistake.
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