Can a motion under section 473 be denied on the merits of the motion?
California, United States of America
The following excerpt is from Bizek v. Gordon, H035880 (Cal. App. 2011):
However, any doubts in applying section 473 must be resolved in favor of the party seeking relief, because the policy underlying section 473 favors disposition on the merits. (Huh v. Wang, supra, 158 Cal.App.4th at p. 1419.) An order denying a motion for relief under section 473 is therefore " 'scrutinized more carefully than an order permitting trial on the merits.' [Citation.]" (Id at pp. 1419-1420.)
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