What is the burden of proving that the neglect leading to default was excusable?

California, United States of America


The following excerpt is from Broseph's Rest. Grp., LLC v. Formosa Café, Inc., B283003 (Cal. App. 2018):

Under the discretionary provision, the moving party has the burden to show "that the neglect leading to default was excusable. 'Neither mistake, inadvertence, or neglect will warrant relief unless upon consideration of all the evidence it is found to be of the excusable variety. [Citations.] To entitle [a party] to relief the acts which brought about the default must have been the acts of a reasonably prudent person under the same circumstances.' " (Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58, italics added.)

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 service of process valid when a defendant claims default and default judgment because of lack of personal jurisdiction? (California, United States of America)
What is the burden of proving excusable neglect? (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 burden of proving impossibility or excuse in the context of a claim of force majeure? (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 instances of inadvertence, mistake or excusable neglect of the defaulted party or his attorney? (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 reversible error in a motion to set aside defaults? (California, United States of America)
What is the prosecution's burden to prove justification and excuse? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.