AMERICAN CONTRACTORS INDEMNITY VS AVANOSIAN, VAHIK

Case No.: 16K09193    



Defendant’s motion to set aside default judgment pursuant to CCP section 473(b) is GRANTED.

CCP § 473(b) provides the court with discretionary and mandatory authority to relieve a party from default. As to discretionary relief, the statute reads, in relevant part: The 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. Under this provision, the court thus has broad discretion to vacate the entry of default, default judgment or a dismissal, but that discretio........