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P1406 Under Code of Civil Procedure section 473, a defendant requesting relief from failure to file a timely answer is not required to show a meritorious defense; denying the allegations of the complaint would be sufficient to satisfy such a requirement if it existed; as a precondition for relief, the trial court may require a bond to secure a recovery that would make plaintiff whole, but may not require a bond to secure payment of punitive damages.CitationSHAPIRO v CLARK (Conditional Relief) 164 CA4 1128 [See: CCP 473; Uriarte v US Pipe 51 CA4 780, T/AT 2/97; Piscitelli v Friedenberg 87 CA4 953, T/AT 4/01]
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