Perez

DISCUSSION

Section 473 subdivision (b) has two provisions. One is discretionary, the other mandatory. The discretionary provision authorizes relief from judgment, dismissal, order, or other

2 proceeding.2 The mandatory provision authorizes relief only from a clerk’s entry of default, default judgment, or dismissal.3 “A motion to vacate under section 473(b) ‘“‘is addressed to the sound discretion of the trial court, and in the absence of a clear showing of abuse . . . the exercise of that discretion will not be disturbed on appeal.’” [Citation.] The appropriate test for abuse of discretion is whether the trial court exceeded the bounds of reason.’ [Citations.] However, ‘[b]ecause the law favors disposing of cases on their merits, “any doubts in applying section 473 must be resolved in favor of the party seeking relief from default [citations]. Therefore, a trial court order denying relief is scrutinized more carefully than an order permitting trial on the merits.”’ [Citation.] Moreover, ‘failure to exercise discretion is

2 Section 473, subdivision (b)’s discretionary provision

provides: “[t]he court may, upon any terms as may be just, relieve a party or his or her legal…