Can a court grant discretionary relief based upon a lack of actual notice under section 473.5 of the California Code of Civil Procedure?

California, United States of America


The following excerpt is from Kretzmar v. Triad Global Asset Mgmt., Inc., B245300 (Cal. App. 2014):

Thus, "[d]iscretionary relief based upon a lack of actual notice under [Code of Civil Procedure] section 473.5 empowers a court to grant relief from a default judgment where a valid service of summons has not resulted in actual notice to a party in time to defend the action. [Citations.] A party seeking relief under section 473.5 must provide an affidavit showing under oath that his or her lack of actual notice in time to defend was not caused by inexcusable neglect or avoidance of service. [Citations.]" (Anastos v. Lee, supra, 118 Cal.App.4th at p. 1319.)

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