How have courts dealt with a motion to set aside a default judgment?

California, United States of America


The following excerpt is from Brockman v. Wagenbach, 152 Cal.App.2d 603, 313 P.2d 659 (Cal. App. 1957):

[152 Cal.App.2d 617] Appellant also cites Cumberpatch v. Nolan, 125 Cal.App.2d 205, 270 P.2d 540, 271 P.2d 519, wherein the trial court granted a motion to set aside a default judgment, after personal service of summons. No ruling was made regarding the default entry. The reviewing court affirmed the order on the ground that a reversal of the order would serve no useful purpose since the default entry was still of record and another judgment could be entered upon the default. The order in that case was made under section 473, whereas in the present case the order was made under section 473a.

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