California, United States of America
The following excerpt is from Korean Ctr. Church v. Rhee, G049757 (Cal. App. 2015):
substantial evidence [citation] and independently review its statutory interpretations and legal conclusions [citations]." (County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1230.)
"[Code of Civil Procedure s]ection 473.5 grants the trial court discretion to set aside a default judgment taken against a party who lacked actual notice of the action, and it sets forth the procedure with which the party moving to have the judgment set aside must comply." (Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 861.) "Section 473.5 requires that the motion to set aside the default judgment be accompanied by 'an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect' and 'a copy of the answer, motion, or other pleading proposed to be filed in the action.' [Citation.]" (Ibid.)
"Discretionary relief based upon a lack of actual notice under [Code of Civil Procedure] section 473.5 empowers a court to grant relief from a default judgment where a valid service of summons has not resulted in actual notice to a party in time to defend the action." (Anastos v. Lee (2004) 118 Cal.App.4th 1314, 1319, italics added.)
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