Can a motion to set aside an order against a defendant who is mentally ill be granted?
California, United States of America
The following excerpt is from the Marriage of Kerry, In re, 158 Cal.App.3d 456, 204 Cal.Rptr. 660 (Cal. App. 1984):
[158 Cal.App.3d 466] The existence of some degree of mental confusion or illness of the party moving to set aside an order supports granting the motion, and the court may infer the existence of such problems from the whole record before it. (See Karlein v. Karlein (1951) 103 Cal.App.2d 496, 229 P.2d 831.)
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