California Court of Appeal

Denial of defendants' motion to set aside the judgment under Code of Civil Procedure section 473 is affirmed as the mandatory provision of section 473(b) does not apply to a judgment entered after an uncontested trial in a defendant's absence, because such a judgment is neither a "default," a "default judgment" nor a "dismissal" within the meaning of section 473(b).

Appellate Information

• Decided 08/28/2006
• Published 08/28/2006

Judges

• BLEASE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Paul R. Bartleson, Sacramento, for Defendants and Appellants., No appearance for Plaintiffs and Respondents.