Kramer v. Superior Court

*163TRAYNOR, J.

I concur in the conclusion that certiorari does not lie to review the propriety of the order denying the motion to set aside the decree of distribution. A motion to set aside a judgment under section 473 is addressed to the sound discretion of the trial court and “it need hardly be added that on certiorari we do not review matters within the discretion of the lower court.” (Estate of Kay, 30 Cal.2d 215, 226 [181 P.2d 1]; Howard v. Superior Court, 25 Cal.2d 784, 789 [154 P.2d 849]; Spanach v. Superior Court, 4 Cal.2d 447, 450 [50 P.2d444].)

It is contended, however, that the decree…