What is the state of the law on a motion to vacate default based on a declaration of neglect?

California, United States of America


The following excerpt is from Cathay Bank v. Iny, B224842 (Cal. App. 2011):

aware of, any of the discovery violations. Nothing in the record contradicts their declarations they were ignorant of the discovery abuses and the discovery order. The trial court did not find the Inys participated in the abuses. "The evidence in the record is uncontradicted and can support only one conclusion as a matter of law: that fault is solely attributed to counsel for appellant." (Yeap v. Leake (1997) 60 Cal.App.4th 591, 602 [Court of Appeal reversed the trial court's denial of motion to vacate default based on attorney declaration of neglect].)

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