Is a party seeking relief from default based solely on section 473 of the Code of Civil Procedure entitled to equitable relief?
California, United States of America
The following excerpt is from Davis v. Thayer, 113 Cal.App.3d 892, 170 Cal.Rptr. 328 (Cal. App. 1980):
Even though a party seeking relief from default bases his motion solely on section 473 of the Code of Civil Procedure, the court has power to treat the motion as one for equitable relief. (Marianos v. Tutunjian (1977) 70 Cal.App.3d 61, 64, 138 Cal.Rptr. 529.)
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