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The policy of the law is to have every litigated case tried upon its merits, and it looks with disfavor upon a party who, regardless of the merits of his case, attempts to take advantage of the mistake, surprise, inadvertence, or neglect of his adversary. 63 (1955) 133 Cal.App.2d 486 (disapproved on other grounds in MacLeod v. Therefore, a trial court order denying relief is scrutinized more carefully than an order permitting trial on the merits. Moreover, because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default. In such situations ‘very slight evidence will be required to justify a court in setting aside the default.’ ( Citations omitted). Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. However, the trial court's discretion is not unlimited and must be ‘exercised in conformity with the spirit of the law and in a manner to subserve and not to impede or defeat the ends of substantial justice.’ ( Citations omitted). from a judgment, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect.’ A motion seeking such relief lies within the sound discretion of the trial court, and the trial court's decision will not be overturned absent an abuse of discretion. Section 473 permits the trial court to ‘relieve a party. 3d 227, a personal injury case where Requests for Admissions were to be deemed admitted, the California Supreme Court stated, You are talking settlement, but the time to respond for the defendant is at hand, do you take their default without first notifying defense counsel? You can, but should you?Ĭalifornia Code of Civil Procedure section 473(b) provides in pertinent part, 'The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.' Such a request without an attorney 'affidavit of fault' is discretionary with the trial court.

You have served the defendant and are in contact with their attorney. To Default or Not to Default - California Code of Civil Procedure section 473(b)

Instal the last version for ipod Shotcut 23.06.14