Is there an abuse of authority or abuse of discretion in setting aside a default and judgment?

California, United States of America


The following excerpt is from D/K Mech. Contractors, Inc. v. Berger, G049340 (Cal. App. 2015):

Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 503 held there was an abuse of discretion in setting aside the default because there was nothing in the record supporting the court's findings of an adequate defense and diligence in seeking relief. Here, by contrast, the court made extensive findings about both.

Finally, plaintiffs will not be prejudiced by setting aside the default and judgment. (Fasuyi v. Permatex, Inc., supra, 167 Cal.App.4th at p. 695.) Merely having to try the case is no more than would otherwise be required.

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