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Under CCP 473.5(a), if service of the summons is proper, but it does not result in "actual notice" of the lawsuit to the defendant, the motion to set aside must be filed within a reasonable period of time not exceeding two years within the date judgment was entered. This lack of knowledge cannot be caused by the defendant's inexcusable neglect or avoidance of service.
Under CCP 473(d), a court's void judgment can be set aside at any time. A judgment may be void in fact if the judgment appears to be properly entered in the court file, but evidence shows that the judgment was improperly entered, for example, if a defendant can establish that the Summons was never served. However, substantial compliance with the service of summons statutes is sufficient to defeat a motion under CCP 473(d).
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