California, United States of America
The following excerpt is from Turner v. City of L. A., B262554 (Cal. App. 2017):
We review the trial court's ruling on a petition under section 946.6 for an abuse of discretion. (J.J. v. County of San Diego (2014) 223 Cal.App.4th 1214, 1220-1221; DeVore v. Department of California Highway Patrol (2013) 221 Cal.App.4th 454, 460.) "'Abuse of discretion is shown where uncontradicted evidence or affidavits of the plaintiff establish adequate cause for relief. [Citation.] . . .' [Citation.]" (J.J. v. County of San Diego, supra, at p. 1221.) "As it is a remedial statute, a trial or appellate court must resolve any doubts in favor of the petition [citation], but the preference for a trial on the merits does not warrant relief if based on a perfunctory recital of diligence in
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support of excusable neglect. [Citations.]" (DeVore v. Department of California Highway Patrol, supra, at p. 459.)
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