Can a court order relief for abuse of discretion against a party to an order obtained through mistake, inadvertence, surprise or excusable neglect?
California, United States of America
The following excerpt is from Smith v. Huerta, E065954 (Cal. App. 2017):
Section 473, subdivision (b) provides that a court may relieve a party from an order obtained through the party's "mistake, inadvertence, surprise, or excusable neglect." We review the court's order denying relief for abuse of discretion. (Scognamillo v. Herrick (2003) 106 Cal.App.4th 1139, 1148.)
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