PRETRIAL ADJUDICATION
...Default
......Relief from Default
.........Code Civ. Proc. §473
............Excusable Neglect-Test
7 Cards On This Topic:

Role of Paralegals; District ct. did not abuse discretion in extending D's time to appeal for excusable neglect where D relied on paralegal who missed filing deadline.

Where attorney engages in grossly negligent conduct resulting in default, client merits relief under FRCP 60(b)(6), and may not be held accountable for his attorney’s misconduct. [Federal test.]

Factors considered for excusable neglect test for relief from default analogized from missing filing deadline in bankruptcy. (Federal test.)

Atty's reliance on OPC's agreement to extensions was excusable neglect, even though atty at fault for failing to file timely written stipulation; CCP 473 motion did not have to satisfy requirements of CCP 1008.

Totality of circumstances showed D was entitled to relief from default and default judgment and trial court abused its discretion in not setting default aside.

Motion to set aside default properly denied against shakedown lawsuit atty who claimed answer was stolen from his home mailbox months before default entered, where he never checked to see if answer made it to court.

Trial ct. did not err in denying motion to set aside default where defendant did not show failure to respond to complaint was due to excusable neglect.