“The trial court has broad discretion to vacate the judgment and/or the clerk’s entry of default that preceded it. However, that discretion can be exercised only if the moving party (defendant) establishes a proper ground for relief, by the proper procedure, and within the time limits. Different time limits apply depending upon the ground asserted for relief from default: Within 6 months after entry of default, Defendant may seek discretionary relief from default under CCP sec. 473[b] on grounds of ‘mistake, inadvertence, surprise, or excusable neglect.’ The motion for discretionary relief must be filed within 6 months after the clerk’s entry of default. The motion is ineffective if filed thereafter, even if it is within 6 months after entry of the default judgment. But a motion for mandatory relief from default based on an ‘attorney affidavit of fault‘ is timely if filed within 6 months after entry of judgment. A separate 6-month period runs from entry of the default judgment, during which the court may grant relief under CCP sec. 473[b] on the grounds stated above. Relief from default in certain consumer actions must be sought within 60 days after defendant first receives notice of any procedure to enforce the judgment. Equitable relief from a default judgment can be sought at any time on the ground of ‘extrinsic fraud or mistake.'”
“The law favors judgments on the merits. Thus, on a motion for relief from default, “doubts must be resolved in favor of relief, with an order denying relief scrutinized [on appeal] more carefully than an order granting it. The court is empowered to relieve a party ‘upon any terms as may be just … from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.’ Discretionary relief may be granted for excusable neglect, and is available in connection with any order. Mandatory relief may be sought only from defaults, default judgments and dismissals and requires an “attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect,” including inexcusable neglect.”
[California Practice Guide: Civil Procedure Before Trial [citations to primary sources omitted]]
