What is the test for excusable neglect under section 473 of the California Civil Code?

California, United States of America


The following excerpt is from Pier 39 Ltd. P'ship v. Flags & Things Enters., Inc., A128944, A128945, A130838, A131615 (Cal. App. 2012):

To establish excusable neglect, a litigant must demonstrate conduct that " 'might have been the act of a reasonably prudent person under the same circumstances.' " (Hearn v. Howard (2009) 177 Cal.App.4th 1193, 1206.) " 'The inadvertence contemplated by the statute does not mean mere inadvertence in the abstract. If it is wholly inexcusable it does not justify relief. [Citations.] It is the duty of every party desiring to resist an action or to participate in a judicial proceeding to take timely and adequate steps to retain counsel or to act in his own person to avoid an undesirable judgment. Unless in arranging for his defense he shows that he has exercised such reasonable diligence as a man of ordinary prudence usually bestows upon important business his motion for relief under section 473 will be denied. [Citation.] Courts neither act as guardians for incompetent parties nor for those who are grossly careless of their own affairs. . . . The only occasion for the application of section 473 is where a party is unexpectedly placed in a situation to his injury without fault or negligence of his own and against which ordinary prudence could not have guarded.' " (Ibid.)

Other Questions


Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does Section 2924 of the California Civil Code, section 47 of the Code of Civil Procedure, grant privileged communications to a plaintiff in a nonjudicial foreclosure proceeding? (California, United States of America)
What is the effect of section 1714 of the Civil Code 2 (b) and (c) of the California Civil Code, and what are the implications of that section? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
In what circumstances will the California Civil Code section 1714 of the Civil Code apply to an individual who has been denied a right to claim damages under the Civil Procedure Act? (California, United States of America)
How have courts interpreted section 139 of the California Civil Code, section 139 2 of the S.C. Code of Civil Procedure? (California, United States of America)
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (California, United States of America)
Does section 654, subdivision (a) of the California Code of Civil Procedure, Section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
Can a defendant in a civil action be found to have breached section 425.16, subdivision (e) of the California Civil Code of Civil Procedure Act? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.