What is the burden of proving excusable neglect?

California, United States of America


The following excerpt is from Etchepare v. Ehmke, 137 Cal.App.2d 508, 290 P.2d 374 (Cal. App. 1955):

The burden of proving excusable neglect is upon the defendant who must establish his thesis by a preponderance of the evidence. Bruskey v. Bruskey, 4 Cal.App.2d 472, 479, 41 P.2d 203; Caton v. Caton, 131 Cal.App.2d 451, 458, 280 P.2d 876. To decide whether the burden has been met in this respect is the duty of the trial court and an order granting or denying a motion to vacate a judgment will not be reversed on appeal unless an abuse of discretion is clearly shown.

Other Questions


What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
What is the burden of proving that the neglect leading to default was excusable? (California, United States of America)
What is the burden of proving that a tenant met his burden of demonstrating that he met his probability of prevailing on a claim under section 425.16? (California, United States of America)
In what circumstances will the court shift the burden of proving prejudice and proving laches to the state? (California, United States of America)
What is the legal test for proving a defendant has met their burden of proving that a cause of action has no merit? (California, United States of America)
Does a Respondent have an evidentiary burden to prove that a Defendant has met their initial burden? (California, United States of America)
What is the prosecution's burden to prove justification and excuse? (California, United States of America)
What is the burden of proving all the elements of a crime have been proved beyond a reasonable doubt? (California, United States of America)
What is the burden of proving impossibility or excuse in the context of a claim of force majeure? (California, United States of America)
What is the burden of proving that a party has met the moving party's burden? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.