PRETRIAL ADJUDICATION
...Default
......Relief from Default
.........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.