What is the test for a motion to vacate a judgment?

California, United States of America


The following excerpt is from People ex rel. Mullen v. Collective, D066609 (Cal. App. 2015):

"The court ... may, on motion of either party after notice to the other party, set aside any void judgment or order." (Code Civ. Proc., 473, subd. (d).) A motion to vacate a judgment " ' "is addressed to the sound discretion of the trial court, and in the absence of a clear showing of abuse ... the exercise of that discretion will not be disturbed on appeal.' " [Citations.] The appropriate test for abuse of discretion is whether the trial court exceeded the bounds of reason." (Strathvale Holdings v. E.B.H., supra, 126 Cal.App.4th at p. 1249.)

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