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California Code of Civil Procedure Section 473.5

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 473.5

473.5.  (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
notice of motion shall be served and filed within a reasonable time,
but in no event exceeding the earlier of: (i) two years after entry
of a default judgment against him or her; or (ii) 180 days after
service on him or her of a written notice that the default or default
judgment has been entered.
   (b) A notice of motion to set aside a default or default judgment
and for leave to defend the action shall designate as the time for
making the motion a date prescribed by subdivision (b) of Section
1005, and it shall be accompanied by an affidavit showing under oath
that the party's lack of actual notice in time to defend the action
was not caused by his or her avoidance of service or inexcusable
neglect. The party shall serve and file with the notice a copy of the
answer, motion, or other pleading proposed to be filed in the
action.
   (c) Upon a finding by the court that the motion was made within
the period permitted by subdivision (a) and that his or her lack of
actual notice in time to defend the action was not caused by his or
her avoidance of service or inexcusable neglect, it may set aside the
default or default judgment on whatever terms as may be just and
allow the party to defend the action.

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Last modified: March 17, 2014