Marr v. City of Glendale

Plaintiff appeals from an order of court denying her motion to vacate a judgment rendered against her upon the trial of an action.

The motion purports to have been made pursuant to the provisions of section 473 of the Code of Civil Procedure, and is based upon the ground of mistake, surprise, and excusable neglect, in support of which, other than the records and files, plaintiff offered affidavits.

As disclosed by the record, it appears that pending trial of the action the court made an order granting defendants leave to amend their answer by denying certain allegations of the complaint.…