What is the test for "good cause" in a motion to set aside a default?

MultiRegion, United States of America

The following excerpt is from Yuan v. Howng, Case No.: 3:18-cv-1960-L-MSB (S.D. Cal. 2019):

judgment is entered pursuant to Rule 55(c). Courts consider the following factors when determining whether "good cause" exists, (1) whether the plaintiff would be prejudiced by the setting aside of the default; (2) whether the defendant has a meritorious defense; (3) the defendant's culpability in the default; and (4) the timeliness of the motion to set aside the default. O'Connor v. State of Nev., 27 F.3d 357, 364 (9th Cir. 1994)

Other Questions


What is the test for establishing good cause for a motion to set aside a default? (MultiRegion, United States of America)
When a petitioner fails to show cause for default and fails to provide cause for the default, does the court need to consider whether the petitioner suffered prejudice? (MultiRegion, United States of America)
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
What is the test for a stay application to stay a motion of motion against a motion to remove a child from the family home? (Canada (Federal), Canada)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
In support of a motion to set aside a default judgment, in what circumstances have courts considered this argument? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
What are some cases where the US Supreme Court has ruled in favour of a motion for a motion to dismiss a motion that would have prevented the use of the word "brawer" in the context of the Brawer case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.