California AB2042 allows courts to set aside default or default judgments if the defendant was not served properly.
California AB2042 amends the Code of Civil Procedure to allow courts to set aside default or default judgments if the defendant was not served properly. The bill specifies that if a summons was lawfully served but did not result in actual notice to the defendant in time to defend the action, the defendant may file a motion to set aside the judgment. The court may set aside the judgment if the defendant's lack of notice was not due to avoidance of service or inexcusable neglect.
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