How do we review an order granting or denying a motion to vacate a settlement agreement?

California, United States of America


The following excerpt is from Jeffery Catanzarite Family Ltd. v. Lane, B276983 (Cal. App. 2018):

We review an order granting or denying a motion to vacate a settlement agreement under Code of Civil Procedure section 473 for abuse of discretion. (Etchepare v. Ehmke (1955) 137 Cal.App.2d 508, 511.) Under that standard, we reverse only where the trial court's order exceeded the bounds of reason. (In re Marriage of Eben-King & King (2000) 80 Cal.App.4th 92, 118.) "The burden is on the complaining party to establish abuse of discretion, and the showing on appeal is insufficient if it presents a state of facts which simply affords an opportunity for a difference of opinion." (Ibid.)

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