Coleman v. Coleman
Appellant Jerrold E. Coleman challenges a trial court order denying his motion for relief from default. Relying upon Code of Civil Procedure section 473, subdivision (b), appellant contends that the trial court should have set aside the default judgment entered against him.
Court agree. Based upon the uncontroverted evidence that appellants failure to attend a hearing was the result of a calendaring error, the trial court should have set aside the order setting arrearages entered against him. Thus, the trial courts order denying appellants motion for relief is reversed, and the matter is remanded for a new hearing on the matter of arrearages.
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