PRETRIAL ADJUDICATION
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Default
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Relief from Default
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Code Civ. Proc. §473
............No Prejudice to Opposing Party
2 Cards On This Topic:
Where default results from no notice by insured, insurer liable on judgment unless it suffered actual, substantial prejudice; inability to investigate thoroughly or defend, doesn't satisfy prejudice requirement.
Court within discretion to enter default although statute not strictly followed and notice of request for entry contained inaccuracies where party against whom default entered failed to show prejudice.