What is the test for a motion to set aside a judgment that was found void due to a lack of due process notice?

California, United States of America


The following excerpt is from L.A. Cnty. Dep't of Children v. R.M. (In re Joseph M.), B296945 (Cal. App. 2019):

Ansley v. Superior Court (1986) 185 Cal.App.3d [477 (Ansley)], [because] it is always in the best interest of the child to set aside 'a judgment that is proven void due to lack of due process notice.' " Father did not submit a declaration or any other evidence with his petitions. The court granted father an evidentiary hearing.

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