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 Aztec Foreclosure Corp. v. Chilcott, E062834 (Cal. App. 2016):

"A motion to vacate a default and set aside a judgment ([Code Civ. Proc.,] 473) '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." (Anastos v. Lee (2004) 118 Cal.App.4th 1314, 1318-1319.)

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