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Opposing a motion to vacate a default in California under Section 473(b) of the Code of Civil Procedure

http://legaldocspro.net/blog/opposition-motion-vacate-judgment-california/

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4 Responses

  1. Hi Stan,

    I came across this blog and had a quick question regarding this passage, “Note that the six month time limit starts from the date that the default is entered, NOT the date of entry of any default judgment.”

    Do you have any authority for this claim? A case cite or CCP cite? I can’t seem to find anything and it’s relevant for a motion that I’m trying to file. Any help that you could give would be appreciated, thanks.

    Like

    • Thank you for your comment. I have pasted a citation below that clearly supports the statement in my blog post regarding the six month time limit.

      The California Supreme Court has considered the statutory time limit and stated that where more than six months have elapsed from the entry of default, relief under section 473 is unavailable. Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980, citing to Aldrich v. San Fernando Valley Lumber Co., supra, at p. 735, fn. 3; see 8 Witkin, Cal. Procedure (5th ed. 2008) Attack on Judgment in Trial Court, § 175, p. 773 [“a court has no authority under C.C.P 473(b) to excuse a party’s noncompliance with the 6-month limit”].)

      California courts have held that the six-month period runs from entry of default, not entry of judgment. (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.)

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