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

California, United States of America


The following excerpt is from California Assn. of Psychology Providers v. Rank, 270 Cal.Rptr. 796, 51 Cal.3d 1, 793 P.2d 2 (Cal. 1990):

" 'Any aggrieved party' may appeal from an adverse judgment.... [O]ne who is legally 'aggrieved' by a judgment may become a party of record and obtain a right to appeal by moving to vacate the judgment pursuant to Code of Civil Procedure section 663." (County of Alameda v. Carleson (1971) 5 Cal.3d 730, 736, 97 Cal.Rptr. 385, 488 P.2d 953.) Appellants having filed such a motion, the only question is whether they qualify as persons aggrieved by the judgment.

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