Does post-stroke mental deterioration need to be a factor in the determination that a moving party was neglected?

California, United States of America


The following excerpt is from Rayn v. Besneatte, A145818 (Cal. App. 2017):

212 Cal.App.2d 196, 207-208 [post-stroke mental deterioration].) But to establish excusable neglect on the basis of disability, the moving party must show that the disability, and not something else, was the reason for the neglect. (See Davis v. Thayer (1980) 113 Cal.App.3d 892, 909.)

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