The Code of Civil Procedure, section 473(b) provides the court with discretionary and mandatory authority to relieve a party from default.

The Code provides that “[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.... 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 against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.” Code of Civ. Proc., § 473(b).

Under Code of Civil Procedure § 473(b), a motion to vacate a default under this discretionary section cannot be brought more than six months after the entry of default. Smith v. Pelton Water Wheel Co. (1907) 151 Cal. 394, 397, 90 P. 934; Schwartz v. Smookler (1962) 202 Cal.App.2d 76, 81, 20 Cal.Rptr. 507; Stevenson v. Turner (1979) 94 Cal.App.3d 315, 318; Weiss v. Blumencranc (1976) 61 Cal.App.3d 536, 541. “The six-month period runs from entry of default, not entry of judgment.” Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42 (citation omitted).

As to mandatory relief, section 473(b) provides that mandatory relief 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. This mandatory provision only applies to mistake, inadvertence, surprise or excusable neglect by counsel and not the party himself or herself. Lang v. Hochman (2000) 77 Cal.App.4th 1225, 1248 (“We determine that where the parties to a lawsuit have contributed to a default or dismissal, they are not entitled to relief pursuant to subdivision (b) of section 473”). Further, unlike the discretionary relief whereby the six-month time frame begins to run at entry of default and not default judgment, the time frame under the mandatory prong of section 473(b) begins to run at the time of entry of default judgment. Sugasawara v. Newland (1994) 27 Cal.App.4t 294, 296-97.

If the Court “could not set aside the default, it also could not set aside the default judgment under Code of Civil Procedure section 473, because that would be ‘an idle act.’” Pulte Homes Corp. v. Williams Mech., Inc. (2016) 2 Cal.App.5th 267, 273.

If the party does not reply in time, Civil Code, section 473.5 may apply:

1. When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of:
   1. two years after entry of a default judgment against him or her; or
   2. 180 days after service on him or her of a written notice that the default or default judgment has been entered.
2. A notice of motion to set aside a default or default judgment and for leave to defend the action shall designate as the time for making the motion a date prescribed by subdivision (b) of Section 1005, and it shall be accompanied by an affidavit showing under oath that the party’s lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect.

Code of Civ. Proc. §§ 473.5(a),(b).

Thus, the defendant must demonstrate that he lacked “actual notice” “in time to defend the action and a default or default judgment has been entered against him” in this action. (Id. § 473.5(a).)

Code of Civil Procedure, section 473(d) addresses court errors:

The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.

“It is not open to question that a court has the inherent power to correct clerical errors in its records so as to make these records reflect the true facts.” People v. Mitchell (2001) 26 Cal.4th 181, 185 (citations omitted).