What is the test for a motion to modify or set aside a dependency judgment based on neglect?

California, United States of America


The following excerpt is from Ansley v. Superior Court, 185 Cal.App.3d 477, 229 Cal.Rptr. 771 (Cal. App. 1986):

People ex rel. Pollock v. Bogart (1943) 58 Cal.App.2d 831, 138 P.2d 360, provides further support for this conclusion. There a grandmother brought a motion under former section 745 3 (the predecessor of 385 providing[185 Cal.App.3d 487] for motions to modify or set aside dependency judgments) to set aside a dependency judgment based on neglect contending that she was a person entitled to, but not given, notice.

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