What is the test for a motion to overturn a default judgment?

California, United States of America


The following excerpt is from Kennedy v. Zaghi, A148645 (Cal. App. 2017):

"It is the policy of the law to favor, whenever possible, a hearing on the merits. Appellate courts are much more disposed to affirm an order when the result is to compel a trial on the merits than when the default judgment is allowed to stand. [Citation.] Therefore, when a party in default moves promptly to seek relief, very slight evidence is required to justify a trial court's order setting aside a default." (Shamblin v. Brattain (1988) 44 Cal.3d 474, 478.)

2. Facts established on the motion for relief

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