What is the test for setting aside a default in a personal injury action?

California, United States of America


The following excerpt is from Jimenez v. Kensington Caterers Inc., B275940 (Cal. App. 2018):

default must articulate a satisfactory excuse for not presenting a defense to the original action. Lastly, the moving party must demonstrate diligence in seeking to set aside the default once . . . discovered.' [Citations.] " (Gibble v. Car-Lene Research, Inc., supra, 67 Cal.App.4th at p. 315.)

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