Can a judge set aside a judgment or order taken through mistake, inadvertence, or excusable neglect, upon a timely motion?

California, United States of America


The following excerpt is from Godbey v. Godbey, A130165 (Cal. App. 2011):

Similarly, the provisions of Code of Civil Procedure section 473 upon which he evidently relies permit the trial court to set aside a judgment or order taken through mistake, inadvertence, surprise, or excusable neglect, upon a timely motion. (Code Civ. Proc., 473, subd. (b).) Alternately, the trial court, on an action or motion, may set aside a void judgment or order. (See Code Civ. Proc., 473, subds. (b) & (d).) We may review a trial court order granting or denying relief under section 473. (See, e.g., Eigner v. Worthington (1997) 57 Cal.App.4th 188, 196, fn. 6 [trial court's disposition of motion under section 473 is reviewed for abuse of discretion].) There is, however, no such order before us.

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