Code Of Civil Procedure Section 473
Read this complete california code code of civil procedure ccp 473 1 on westlaw.
Code of civil procedure section 473. For more detailed codes research information including annotations and citations please visit westlaw. Findlaw codes are provided courtesy of thomson reuters westlaw the industry leading online legal research system. Ccp section 473 is a civil statute that applies in all family law proceedings.
Process and service of process chapter 49. And may upon like terms enlarge the time for answer or demurrer. Legal and official advertisements chapter 51.
Read this complete california code code of civil procedure ccp 473 on westlaw. Ca civ pro code 473 5 2017 a when service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The court may upon motion of the injured party or its own motion correct clerical mistakes in its judgment or orders as entered so as to conform to the judgment or order directed and may on motion of either party after notice to the other party set aside any void judgment or order.
Findlaw codes may not reflect the most recent version of the law in your jurisdiction. California 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. A 1 the court may in furtherance of justice and on any terms as may be proper allow a party to amend any pleading or proceeding by adding or striking out the name of any party or by correcting a mistake in the name of a party or a mistake in any other respect.
And may upon like terms enlarge the time for answer or demurrer. Civil practice and procedure. Findlaw codes may not reflect the most recent version of the law in your jurisdiction.
Findlaw codes are provided courtesy of thomson reuters westlaw the industry leading online legal research system. Attorney s affidavit of fault provides mandatory relief to inexcusable mistakes. Constructive service of process chapter 50.