California Code Of Civil Procedure Section 473

Read this complete california code code of civil procedure ccp 473 on westlaw.

California code of civil procedure section 473. Section 473 universal citation. Ccp 473 b 1 the general rule is that the six month period within which to bring a motion to vacate under section 473 runs from the date of the default and not from the judgment taken thereafter 2 the reason for the rule is that vacation of the judgment alone ordinarily would constitute an idle act. For more detailed codes research information including annotations and citations please visit westlaw.

If the judgment were vacated the default would remain intact and permit immediate entry of another judgment giving the plaintiff the relief to which his complaint entitles him. California code of civil procedure section 473 ca civ pro code 473 2017 a 1 the court may in furtherance of justice and on any terms as may be proper allow a party to amend any pleading or proceeding by adding or striking out the name of any party or by correcting a mistake in the name of a party or a mistake in any other respect. And may upon like terms enlarge the time for answer or demurrer.

Ca civ pro code 473 through 2012 leg sess. Findlaw codes may not reflect the most recent version of the law in your jurisdiction. A 1 the court may in furtherance of justice and on any terms as may be proper allow a party to amend any pleading or proceeding by adding or striking out the name of any party or by correcting a mistake in the name of a party or a mistake in any other respect.

Notwithstanding any other requirements of this section the court shall whenever an application for relief is made no more than six months after entry of judgment is in proper form and is accompanied by an attorney s sworn affidavit attesting to his or her mistake inadvertence surprise or neglect vacate any 1 resulting default entered by the clerk against his or her client and which will result in entry of a default judgment or 2 resulting default judgment or dismissal entered. Findlaw codes are provided courtesy of thomson reuters westlaw the industry leading online legal research system. And may upon like terms enlarge the time for answer or demurrer.