What is the burden of presenting a defense in a default action?

California, United States of America


The following excerpt is from Stiles v. Wallis, 147 Cal.App.3d 1143, 195 Cal.Rptr. 377 (Cal. App. 1983):

Although the policy of the law is to favor a hearing on the merits of a case, courts are not required to set aside default judgments for defendants who flagrantly ignore the responsibility to present a defense. The burden of a party who has had a default entered against him is not limited to merely articulating the existence of a meritorious case. The defendant must also demonstrate a satisfactory excuse for not responding to the original action in a timely manner. (Hammell v. Britton (1941) 19 Cal.2d 72, 119 P.2d 333.)

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