Skip to main content
Find a Lawyer

California Code, Code of Civil Procedure - CCP § 473.2

Current as of January 01, 2025 | Updated by Findlaw Staff

<Section operative Jan. 1, 2027.>

(a) A party that was not served with a summons and complaint in accordance with this chapter may file and serve a motion to set aside or vacate the default or default judgment and for leave to defend the action or to move for dismissal.

(b)(1) A party moving to set aside or vacate a default or a default judgment pursuant to subdivision (a) shall proffer evidence, through a sworn affidavit or otherwise, that service was not lawfully effected.  Proffering evidence that service was not lawfully effected rebuts a presumption of the facts stated in the process server's return.

(2) If a process server files their return before the operative date of this section, the absence of the photograph required by Section 417.10 shall not by itself render the proof of service unlawful or insufficient.

(c) In responding to a motion that is filed pursuant to this section and that complies with subdivision (b), the party seeking a default or default judgment has the burden of proving by a preponderance of the evidence that service of the summons and complaint was lawful.

(d) In deciding a motion filed pursuant to subdivision (a), the court shall take evidence as to the lawfulness of the service of process and shall not deny a reasonable request by either party to conduct a hearing and permit oral testimony.

(e) This section does not limit any other remedies available under law.

(f) This section shall become operative on January 1, 2027.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP § 473.2 - last updated January 01, 2025 | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-473-2/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard