What is the relevant section of the California Code of Civil Procedure where constructive notice has not resulted in actual notice?
California, United States of America
The following excerpt is from David B. v. Superior Court, 21 Cal.App.4th 1010, 26 Cal.Rptr.2d 586 (Cal. App. 1994):
3 Section 473.5 of the Code of Civil Procedure applies where constructive notice, although valid, has not resulted in actual notice. Code of Civil Procedure section 473 provides for a motion "to set aside any void judgment or order." Because petitioner was challenging the validity of notice by publication, the appropriate section under which to proceed was Code of Civil Procedure section 473 rather than Code of Civil Procedure section 473.5. (See Rogers v. Silverman (1989) 216 Cal.App.3d 1114, 1121, 265 Cal.Rptr. 286.)
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