California, United States of America
The following excerpt is from Schwartz v. Smookler, 20 Cal.Rptr. 507, 202 Cal.App.2d 76 (Cal. App. 1962):
In view of the provisions of the statute and the foregoing authorities, we must conclude that counsel for defendants did not take steps 'within a reasonable time' to set aside their default and the judgment and that he did not make any 'satisfactory explanation' which, under the law, is sufficient to justify or excuse his delay. It follows that the trial court abused its discretion in granting defense counsel's renewed motion for there is in the record no evidence sufficient to justify an order setting aside the default and judgment in this case. To hold otherwise--that in the absence of a satisfactory explanation, a delay of more than three and one half months in undertaking to open a default can be excused--would empower the trial court to dispense with the 'reasonable time' requirement of the statute. (Benjamin v. Dalmo Mfg. Co., supra, 31 Cal.2d p. 532, 190 P.2d 593.)
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