What is the test for a motion for relief from a default judgment?

California, United States of America


The following excerpt is from VM Residential, LLC v. Equity Trust Co., E065177 (Cal. App. 2017):

Moreover, "[w]hen the moving party promptly seeks relief and there is no prejudice to the opposing party, very slight evidence is required to justify relief." (Mink v. Superior Court (1992) 2 Cal.App.4th 1338, 1343-1344 [concluding the trial court abused its discretion in denying a motion for relief from a judgment]; accord, Shamblin v. Brattain, supra, 44 Cal.3d at p. 478.) This is because the movant may be deprived of a substantial right to defend the action, whereas the court may assume, "if nothing to the contrary is shown, that the plaintiff will be able at any time to establish his [or her] cause

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of action." (Wright v. Snyder, supra, 138 Cal.App. at p. 496.) If the plaintiff will suffer some prejudice from having the default set asidebeyond just delay or inconveniencehe or she should establish that fact. (Id. at pp. 496, 498.)

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