Parage

Appellant filed a petition to recover escheated property on behalf of himself and two relatives, and judgment was entered in appellant’s favor. Respondent subsequently filed a motion under Code of Civil Procedure section 473 to vacate the judgment on behalf of herself and yet another relative. The trial court vacated the judgment on equitable grounds. We conclude that respondent did not establish a basis for relief from the judgment, and reverse.

Factual and Procedural Background

On July 25, 1996, appellant Joseph A. Parage filed a petition to recover escheated property under Code of Civil Procedure section 1355 on behalf of himself, Marie Adeline Baumgartner, and Lina Marie Louise Ansolabehere. The petition alleged that Andre Cailleux died intestate on April 7, 1992, and that following probate, Cailleux’s net estate of $116,481.76 escheated to the State of California because no heirs had appeared to claim a share of the estate. The petition further alleged that Parage was Cailleux’s third cousin twice removed, Baumgartner and Ansolabehere were Cailleux’s third cousins once removed, and as such, each cousin was entitled to one-third of Cailleux’s estate. On September…