Perez v. Smith
Plaintiff and appellant Humberto Perez (Perez) challenges the trial courts ruling granting the motion of defendant and respondent Peggy Sue Smith (Smith) to set aside a default and default judgment under Code of Civil Procedure section 473 for excusable neglect. Specifically, Perez argues the court abused its discretion when it found that Smith acted reasonably when she relied on the assurances of her ex-husband, and co-owner of the property in question, that he had hired an attorney and would defend the lawsuit on behalf of them both. As discussed below, Court conclude that the trial court did not abuse its discretion when it granted Smiths motion.
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