§ 473.5.Notice Or Motion to Set Aside Default Or Default Judgment and Leave to Defend

Section 473.5 addresses a case where service technically happened but the defendant never learned about the lawsuit in time to respond. The current version applies when service of a summons has not resulted in actual notice to a party in time to defend and a default or default judgment has followed. The party may move to set aside that default or default judgment and for leave to defend, within a reasonable time capped at the earlier of two years after entry of a default judgment or 180 days after service of written notice that the default or default judgment was entered.

The motion must designate a hearing date under § 1005(b) and must be supported by an affidavit, made under oath, showing that the lack of actual notice was not caused by the party’s own avoidance of service or inexcusable neglect. It must also come with a copy of the proposed answer, motion, or other pleading. If the court finds the motion timely and finds the lack of notice was not caused by evasion or inexcusable neglect, it may set aside the default or default judgment on just terms and let the party defend.

Like § 473 and § 473.5’s current text, this section is repealed and replaced effective January 1, 2027, by a companion version added in the same 2025 legislation. The substance carries over almost unchanged, with one meaningful clarification: the 2027 version specifies it applies where service of a summons "was lawfully effected but" did not result in actual notice — spelling out that this section is the remedy for proper-but-ineffective service, distinct from the new § 473.2, which becomes operative the same date and handles default judgments challenged on the ground that service itself was unlawful.