California, United States of America
The following excerpt is from Transit Ads, Inc. v. Tanner Motor Livery, Limited, 270 Cal.App.2d 275, 75 Cal.Rptr. 848 (Cal. App. 1969):
The purpose of granting relief from a default judgment under section 473 of the Code of Civil Procedure is 'to give to the party claiming in good faith to have a substantial defense to the action an opportunity to present it.' (Nicoll v. Weldon (1900) 130 Cal. 666, 667, 63 P. 63, 64.) Case law, therefore, requires the party seeking relief to accompany his notice of motion for relief with an affidavit of merits or verified pleading which sets up a valid defense. 'Before the trial court can be called upon to
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