What is the test for a motion seeking relief under section 473 of the Code of Civil Procedure?

California, United States of America


The following excerpt is from Olszewski v. HSBC Bank U.S. Nat'Lass'N, B285991 (Cal. App. 2019):

action . . . ." The memorandum of points and authorities confirmed plaintiff's ex parte submission sought only leave to amend his complaint. The caption of one of plaintiff's declarations is insufficient to expand the relief sought, and no other motion seeking relief under Code of Civil Procedure section 473 was filed. (See Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1125 ["As a general rule, the trial court may consider only the grounds stated in the notice of motion"].)

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