Is there any case law supporting a motion for relief from default where the trial court refused to allow the appellant to present any evidence to refute the motion?

California, United States of America


The following excerpt is from Kretzmar v. Triad Global Asset Mgmt., Inc., B245300 (Cal. App. 2014):

2. In his reply brief, Kretzmar complains that the trial court refused to allow him to present any evidence to refute the defendants' motion for relief from default at the time of the hearing. Kretzmar appeared at the hearing without his attorney. The trial court stated, "I have to consider you to be not here right now because I haven't seen a substitution of counsel, there's been no motion to be relieved." Kretzmar presents no legal support for his argument that the trial court's decision was incorrect. Therefore we may consider this argument forfeited on appeal. (Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 ["When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived"].)

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