What is the test for making a default judgment?

California, United States of America


The following excerpt is from Kontrabecki v. Mechanics Bank, A143665 (Cal. App. 2016):

judgment when the party has been given notice of the action and has had an opportunity to present his case and to protect himself from any mistake or fraud of his adversary, but has unreasonably neglected to do so." ' [Citation.] [] Additionally, the party seeking equitable relief on the grounds of extrinsic fraud or mistake must show three elements: (1) a meritorious defense; (2) a satisfactory excuse for not presenting a defense in the first place; and (3) diligence in seeking to set aside the default judgment once discovered." (Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 750.)

Other Questions


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 test for making a default judgment in a personal injury case? (California, United States of America)
What is the test for a plaintiff to obtain default judgment against a defendant who is in default? (California, United States of America)
Does a motion to set aside a default judgment against a defendant be granted on the grounds that the judgment is void? (California, United States of America)
When a motion to vacate a default is denied before entry of the default judgment, can the order be appealed? (California, United States of America)
What is the test for a motion to vacate a default and set aside the default judgment? (California, United States of America)
Can an order denying a motion to set aside a default be appealed from the default judgment? (California, United States of America)
What is the test for making a default judgment in a quiet title action? (California, United States of America)
What is the difference between a defaulted case and an uncontested proceeding within a case which has not been defaulted? (California, United States of America)
What is the test for making a prima facie factual showing sufficient to sustain a favorable judgment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.