PRETRIAL ADJUDICATION
...Default
......Relief from Default
.........Code Civ. Proc. §473
............Time Limits
3 Cards On This Topic:
  • D's motion to set aside default under CCP 473 (d) untimely where judgment was voidable, not void.
  • Home Depot's motion for relief from default untimely after over a year's delay where Home Depot was properly served and failed to demonstrate any excuse for failure to act.
  • Where defaulting party failed to show prejudice, court within discretion to enter default although statute not strictly followed and inaccuracies in notice of request for entry.