What is the test for a motion for equitable relief against a defendant who has failed to present a defense?
California, United States of America
The following excerpt is from Linkage Fin. Grp., Inc. v. Hu, B288556 (Cal. App. 2019):
Because equitable relief is available only in "exceptional circumstances" once a default judgment has been entered, courts require the parties seeking relief to articulate a satisfactory excuse for not presenting a defense, to demonstrate they have a meritorious case, and to demonstrate diligence in seeking to set aside the default once discovered. (See e.g., Gibble v. Car-Lene Research, Inc. (1998) 67 Cal.App.4th 295, 315.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motion to dismiss count 4 pursuant to section 1387, does defendant have to prove that defense counsel was ineffective for failing to file the motion? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Does a defendant who fails to raise a double jeopardy defense at trial "technically" forfeits the defense on appeal? (California, United States of America)
What is the standard of review in a motion where a defendant is denied the opportunity to present a complete defense? (California, United States of America)
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant? (California, United States of America)
Does a rejection of some evidence concerning the defense affect a defendant's right to present his defense? (California, United States of America)
If a defendant's claim that defense counsel negligent in failing to request an other-crimes limiting instruction under CALJIC No.50 fails, what are the consequences? (California, United States of America)
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)
Does defendant fail to show prejudice in a motion where the trial court failed to sustain his objection to a finding that the evidentiary error was prejudicial? (California, United States of America)
Can the trial court prevent defendant from presenting his defense that he shot Nunez in self-defense? (California, United States of America)
