California, United States of America
The following excerpt is from De Kauwe v. Bergstrom, B286535 (Cal. App. 2019):
5. Section 473.5, subdivision (b), also requires the moving party to "serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action." Bergstrom did not comply with that requirement either. (See Sakaguchi v. Sakaguchi, supra, 173 Cal.App.4th at pp. 861-862 [trial court properly denied a motion to set aside the default judgment where the moving party did not "submit an answer, motion, or other pleading, as required by statute"]; Anastos v. Lee, supra, 118 Cal.App.4th at p. 1319 ["[a]bsent a proper affidavit or declaration [as required by section 473.5, subdivision (b)], the trial court properly denied the defendants' motion"].)
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