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

California, United States of America


The following excerpt is from Hupp v. Freedom Commc'ns Inc., E059682 (Cal. App. 2015):

"[T]he granting of a motion to vacate a judgment or order under Code of Civil Procedure, section 473, rests largely in the discretion of the trial court, and the ruling of the trial court will not be disturbed on appeal unless an abuse of discretion clearly appears." (Olson v. Olson (1957) 148 Cal.App.2d 479, 483.)

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