Estate of Alfonzo Mendez Bravo

Case Number

23PR00116

Case Type

Hearing Date / Time

Tue, 09/16/2025 - 09:00

Nature of Proceedings

Motion to Set Aside Judgment

Tentative Ruling

Probate Notes:

Appearances required.

The following is noted for the Court at the hearing:

Section 473 provides that “[t]he court may, upon any terms as may be just, relieve a party ... from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect,” provided that application for relief is “made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (§ 473, subd. (b).) “[B]ecause the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.” [Citation.] However, “if a party fails to show that a judgment has been taken against him through his mistake, inadvertence, surprise or excusable neglect the court may not grant relief. It has no discretion.” [Citation.]

Parage v. Couedel (1997) 60 Cal.App.4th 1037, 1041–1042 [70 Cal.Rptr.2d 671, 674]

In this case, the application was made within “six months” from the date the Final Distribution order was entered.  Furthermore, the application was accompanied by the party’s sworn affidavit attesting to the party’s mistake.  The mistake appears to be excusable, because failing to include a request for statutory fees on a form pleading is an understandable oversight that does not prejudice any party involved.

Therefore, mandatory relief must be given in this case, because all three elements of that relief were met by the moving party.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 160 543 3416

Passcode: 5053334