What is the legal test for filing a motion for relief from default within a reasonable time?

First, she argues the motion was not filed within a reasonable time as a matter of law. She claims that a "reasonable time" is limited to six months after discovery of the default. She cites Schenkel v. Resnik, supra, 27 Cal.App.4th Supp. 1, but Schenkel does not support her position. Code of Civil Procedure section 473.5, as discussed, has both a reasonable time requirement and an outside limit of two years. Code of Civil Procedure section 473, subdivision (b) dealing with relief from default based on mistake, inadvertence, surprise, or excusable neglect has both a reasonable time requirement and an outside limit of six months. Schenkel held that a "reasonable time" as used in Code of Civil Procedure section 473.5 means the same thing as a "reasonable time" as used in Code of Civil Procedure section 473, subdivision (b); that is, they require "both '""a satisfactory excuse for [the] default, and . . . diligence in making the motion after discovery of the default." [Citation.]' [Citation.]" (Schenkel, supra, at p. 4.) However, it did not hold that Code of Civil Procedure section 473.5 somehow incorporates the six-month outside limit of Code of Civil Procedure section 473, subdivision (b). As noted, Code of Civil Procedure section 473.5 has its own outside time limit, which is measured from written notice of entry, not from discovery of the default.

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