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

California, United States of America


The following excerpt is from Adams v. Griffin, B236839 (Cal. App. 2012):

surprise, or excusable neglect." A motion to vacate a default and set aside judgment is addressed to the sound discretion of trial court. (Hearn v. Howard (2009) 177 Cal.App.4th 1193, 1200.) "'Because the law favors disposing of cases on their merits, "any doubts in applying section 473 must be resolved in favor of the party seeking relief from default [citations]."'" (Hearn v. Howard, at p. 1200.)

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