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.