Legal Question in Family Law in California

Can a self represented person after receiving a courtroom only contrsted judgement they don't agree with use ca code 473 b stating they did not know they were supposed to respond, know what the court hearing was for and successfully set aside a judgement?

Asked on 10/16/13, 1:50 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Absent an attorney affidavit of fault, a motion made pursuant to Code of Civil Procedure section 473, subdivision (b) is discretionary. That means it is not mandatory for a trial judge to grant such a motion, and on appeal you would have to show an abuse of discretion, which is the worst appellate standard, because the Court of Appeal will defer to the trial court.

Any mistake of law, even though made by a self represented party, is not excusable neglect. (Anderson v. Sherman (1981) 125 Cal.App.3d 228, 237-238.)

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Answered on 10/21/13, 9:40 am

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