What is the abuse of discretion standard when reviewing an order granting relief from default?

California, United States of America


The following excerpt is from Hudack v. Siggard, E072714 (Cal. App. 2020):

We apply the abuse of discretion standard when reviewing an order granting relief. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981.)3 Section 473, subdivision (b) (hereafter, section 473(b)), provides, in relevant part, "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." Thus, the trial court has

Page 15

discretion to grant a party relief from default if the party or the party's attorney made a mistake.

Other Questions


Is a court's order granting or denying a petition under section 946.6 review the same standard of review used in relief from default proceedings? (California, United States of America)
How do we review an order granting domestic violence restraining order for abuse of discretion? (California, United States of America)
When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)
Is there an abuse of discretion standard of review for a defendant who killed his ex-girlfriend in order to prevent her from reporting him to the police? (California, United States of America)
Does a court apply an abuse of discretion standard to review an order concerning a request to pay a trustee's attorney fees from the trust's assets? (California, United States of America)
Can a judge order a de novo review of an order of attorney fees and costs for abuse of discretion? (California, United States of America)
Are evidentiary rulings reviewed under an abuse of discretion standard of review? (California, United States of America)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
How does a court review an order granting or denying a modification of a child support order for abuse of the child? (California, United States of America)
How will the Court of Appeal review an order granting an anti-SLAPP motion under the de novo standard of review? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.