Is a party in default required to make some showing of a meritorious defense as a prerequisite to vacating an entry of default?

MultiRegion, United States of America

The following excerpt is from Hawkins v. Bank of Am., N.A., Case No. 17-cv-01954-BAS-AGS (S.D. Cal. 2018):

Finally, "[a] party in default . . . is required to make some showing of a meritorious defense as a prerequisite to vacating an entry of default." Hawaii Carpenters' Tr. Funds v. Stone, 794 F.2d 508, 513 (9th Cir. 1986). To satisfy this

Page 8

Other Questions


Does a court have discretion to enter default judgment against a party after the clerk has entered the party's default? (MultiRegion, United States of America)
Is a party required to produce a document in the possession of a non-party entity? (MultiRegion, United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
Does vacating the jury's drug quantity findings require us to vacate the conspiracy conviction itself? (MultiRegion, United States of America)
Does a party have jurisdiction to bring a supplemental pleading that alleges that a party was involved in a dispute with the other party before the date of filing? (MultiRegion, United States of America)
Can a self defense claim to charges of receipt or possession of a firearm be considered a defense duress, coercion, or self defense? (MultiRegion, United States of America)
What is the test for a motion to vacate or remand a sentence that would have been vacated or vacated? (MultiRegion, United States of America)
Does the requirement that the government bring suit against the guarantors within a reasonable time after the borrower's default have anything to do with the equitable defenses of estoppel and laches? (MultiRegion, United States of America)
Does a defendant have to prove that his defense was impaired to show that he did not have the proper defense? (MultiRegion, United States of America)
Is there any case law in which the court has found that if a party is not moving, can the nonmoving party continue to sue the moving party? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.