PRETRIAL ADJUDICATION
...Default
......Relief from Default
.........Code Civ. Proc. §473
............Grounds
9 Cards On This Topic:
  • Relief from default judgment because of mistake, inadvertence, surprise, or excusable neglect.
  • Mailing address cannot be marked "unknown" for purposes of CCP 587 merely because personal service could not be effected at that address; default should have been set aside as defective affidavit of mailing was prejudicial to D.
  • Trial court erred in denying Ds' application to vacate default judgment where they substantially complied with requirements of mandatory provision of CCP 473(b).
  • Motion to set aside default properly denied where W's service of civil complaint on D in prison was executed correctly and judgment not void; slight error in spelling of his name did not entitle him to set aside.
  • Default set aside where 3d amend. complaint did not name D and failed to apprise him of demand, no notice informed him of amount of damages sought and he had no opportunity to respond to "errata" adding him as D.
  • Trial court properly denied CCP 473(b) relief where defaults not taken against D through its mistake, inadvertence, surprise, or excusable neglect; other defaults void where D not given notice of damages requested.
  • Absent proper affidavit or declaration that Ds' lack of actual notice was not caused by inexcusable neglect or avoidance of service, trial ct. properly denied motion to set aside default.
  • Code Civ. Proc. §473 relief from insured’s default unavailable to insurance company where company well aware of its error in denying coverage.
  • When clerk acts in excess of statutory power in entering default, such act is open to attack at any time, and 6-month limitation period of Code Civ. Proc. §473 not applicable.