What is the test for a motion to vacate a default and set aside a judgment?

California, United States of America


The following excerpt is from Kretzmar v. Triad Global Asset Mgmt., Inc., B245300 (Cal. App. 2014):

"'A motion to vacate a default and set aside [a] judgment . . . "is addressed to the sound discretion of the trial court, and in the absence of a clear showing of abuse . . . the exercise of that discretion will not be disturbed on appeal."' [Citations.] The appropriate test for abuse of discretion is whether the trial court exceeded the bounds of reason. [Citation.]" (Anastos v. Lee (2004) 118 Cal.App.4th 1314, 1318-1319.)

B. The trial court did not abuse its discretion in granting relief under Code of Civil Procedure section 473.5

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