Defaulted or Dismissed in California: The Motion for Relief Under CCP 473

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

Possibly, if you move quickly. Code of Civil Procedure section 473, subdivision (b), lets a California court relieve a party from a default, judgment, or dismissal taken through mistake, inadvertence, surprise, or excusable neglect. The motion must be made within a reasonable time and no more than six months later. If service never gave your company actual notice, section 473.5 offers a separate route. Both sections are replaced by amended versions on January 1, 2027. Kolmogorov Law, P.C., a business litigation firm in Irvine, brings and opposes these motions.

Call (909) 235-6116 or contact us online to discuss a default or dismissal as soon as you learn of it.

Three routes to relief and their clocks

Our default judgment page explains how a default is entered and introduces these routes.

Discretionary relief. The application must be made within a reasonable time, in no case exceeding six months after the judgment, dismissal, order, or proceeding was taken. (Code Civ. Proc., § 473, subd. (b).)
Mandatory relief for attorney fault. The application must be made no more than six months after entry of judgment, in proper form, with the attorney's sworn affidavit of fault. (Code Civ. Proc., § 473, subd. (b).)
No actual notice. The motion must be filed within a reasonable time. The outer limit is the earlier of two years after entry of the default judgment or 180 days after service of written notice of the default or judgment. (Code Civ. Proc., § 473.5, subd. (a).)

The six months usually start at the default

The clerk enters the default, and a judgment follows later. For discretionary relief, the Court of Appeal has measured the six months from entry of the default. In that case the motion came less than six months after the default judgment but more than six months after the default. Relief under subdivision (b) was unavailable, because vacating the judgment alone would be an idle act while the defendant remained in default. (Pulte Homes Corp. v. Williams Mechanical, Inc. (2016) 2 Cal.App.5th 267, 273.)

A shorter clock can apply to a judgment about ownership or possession of property. The other side may personally serve written notice in California, on the party and on any attorney of record, that the right to seek relief expires in 90 days. The application is then due within 90 days after the later of those services, and the six-month limit still applies. (Code Civ. Proc., § 473, subd. (b).)

What a motion to set aside a default must include

A copy of the answer or other pleading proposed to be filed. Without it the application "shall not be granted." No affidavit of merits is required. (Code Civ. Proc., § 473, subd. (b).)
Declarations from the people with knowledge, explaining what went wrong and when the default was discovered.
For a no-notice motion, an affidavit showing under oath that the lack of actual notice was not caused by avoidance of service or inexcusable neglect. The proposed answer, motion, or other pleading must be served and filed with it. (Code Civ. Proc., § 473.5, subd. (b).)

If the first motion is denied, a second one is not a fresh start. A renewed application must show new or different facts, circumstances, or law by affidavit, as our page on motions for reconsideration explains. (Code Civ. Proc., § 1008, subds. (b), (e).)

When the mistake was the lawyer's

The affidavit must attest to the attorney's mistake, inadvertence, surprise, or neglect, and the word "excusable" does not appear. The court must then vacate the default, default judgment, or dismissal unless it finds the attorney's error did not in fact cause it. (Code Civ. Proc., § 473, subd. (b).)

The court must direct the attorney to pay reasonable compensatory legal fees and costs to the other side. It may also impose a penalty of up to $1,000 on an offending attorney or party, or order the attorney to pay up to $1,000 to the State Bar Client Security Fund. Relief from a default or default judgment based on an attorney's affidavit may not be made conditional on the attorney actually paying. (Code Civ. Proc., § 473, subds. (b), (c).)

Plaintiffs: relief from a dismissal

Subdivision (b) reaches a dismissal, and the mandatory provision covers a dismissal entered against the attorney's client. A plaintiff whose case was dismissed after a missed hearing or deadline has the same six-month window. Whether a particular kind of dismissal qualifies for mandatory relief should be checked before filing.

Section 473 does not lengthen the five-year deadline for bringing a case to trial, which our page on the five-year rule covers.

Bad service, void judgments, and the 2027 changes

A court may also set aside any void judgment or order on motion of either party, after notice to the other. (Code Civ. Proc., § 473, subd. (d).) In 2024 the California Supreme Court held that a motion under that subdivision to vacate a judgment void for lack of proper service is not subject to the two-year limit that courts had borrowed from section 473.5. The court left open whether the defendant must act diligently after learning of the judgment.

The current versions of sections 473 and 473.5 are repealed on January 1, 2027, and new versions take effect that day. New section 473 adds subdivision (e). It allows a motion to vacate a default judgment that is void for lack of proper service at any time after entry of the judgment. New section 473.5 applies when service of a summons "was lawfully effected" but did not result in actual notice. For service attempted or completed on or after January 1, 2027, new section 473.2 lets a party that was not lawfully served move to vacate a default or default judgment. Once that party offers evidence of defective service, the plaintiff must prove by a preponderance of the evidence that service was lawful. (Code Civ. Proc., § 473.2, subds. (b), (c), (f).) The six-month, two-year, and 180-day limits are unchanged. Neither new version says how it applies to a motion pending on that date.

Our pages on serving a corporation or LLC and the motion to quash explain what valid service requires.

After six months: equitable relief

After the statutory deadlines, a court keeps an equitable power to vacate a default on grounds such as extrinsic mistake. Once a default judgment has been entered, that relief is reserved for exceptional circumstances. The Supreme Court applied a three-part test: a meritorious case, a satisfactory excuse for not presenting a defense, and diligence once the default was discovered. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981-982.)

What to bring to the first meeting

Bring every paper from the case: the summons, the proof of service, the request for entry of default, and any judgment, with the date you received each. Add a timeline of when the company learned of the suit.

Frequently asked questions

We never saw the lawsuit papers and now there is a default against our company. Can we undo it?

Probably, if you act now. California Code of Civil Procedure section 473.5 allows a motion to set aside a default when service did not give actual notice in time to defend. The lack of notice must not result from avoiding service or inexcusable neglect. The outer limit is the earlier of two years after entry of the default judgment or 180 days after service of written notice of the default or judgment. If the papers were never properly served, a motion to vacate the judgment as void is separate.

How long do I have to file a CCP 473 motion?

Discretionary relief under California Code of Civil Procedure section 473, subdivision (b), must be sought within a reasonable time and no more than six months after the default, judgment, dismissal, or order was taken. For a defaulted defendant, the Court of Appeal has counted from the clerk's entry of default. Mandatory relief on an attorney's affidavit of fault is tied to six months after entry of judgment.

What is an attorney affidavit of fault?

It is a lawyer's sworn statement that a client's default, default judgment, or dismissal resulted from the lawyer's mistake, inadvertence, surprise, or neglect. When a timely California section 473 application in proper form includes one, the court must grant relief unless it finds the error did not cause the result. Appellate courts have held that some discretionary dismissals fall outside the rule.

The default was entered eight months ago but the default judgment was entered last month. Is it too late for relief under section 473?

Discretionary relief under subdivision (b) is probably unavailable, because a California appellate court has measured its six months from entry of the default. Other routes may remain. They include the attorney-fault provision, section 473.5 if service gave no actual notice, a motion to vacate a void judgment, and the court's equitable power in exceptional circumstances.

Is CCP 473 changing in 2027?

Yes. The versions of California Code of Civil Procedure sections 473 and 473.5 in force in 2026 are repealed on January 1, 2027, and replacements take effect that day. New section 473 allows a motion to vacate a default judgment that is void for lack of proper service at any time. New section 473.5 is worded to apply where service was lawfully effected but gave no actual notice.

Talk to a California business litigation attorney about a default

If a default or dismissal has been entered against your company, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located in Irvine, California. Related reading: our civil litigation practice and our page on default judgments.

This page provides general information about California law and is not legal advice. Outcomes depend on the court file, the facts, and the court.