PRETRIAL ADJUDICATION
...Default
......Relief from Default
.........Grounds
16 Cards On This Topic:

Default judgment reversed to allow Ds to participate in a prejudgment evidentiary hearing to determine the merits of quiet title action.

Default set aside where P did not put D on notice of the amount of money she sought in the action; P allowed to amend to allege amount sought.

Conclusory allegations in declaration for relief from default of “anxiety, depression, and financial hardships” are insufficient to justify relief.

Where P met all statutory requirements for effective service of process on a foreign corp., trial ct. erred in concluding the default judgment void for lack of valid service.

Because trial court never acquired fundamental personal jurisdiction over D, who was in jail when process server falsely claimed he personally served him, order denying D's motions to set aside default and dismiss reversed.

Trial court erred in denying D's first motion to vacate default and set aside judgment based on P's failure to properly serve summons and complaint under CCP 416.90.

As copy of order setting aside default & default judgment mailed to wrong zip code, P lacked proper notice and order void; reaffirmation of set aside order reversed as burden improperly placed on P rather than on Ds.

Default judgment void for lack of jurisdiction where complaint failed to give D notice of the type or amount of relief requested.

Trial court had no authority to enter cross-Ds' defaults for failure to appear at trial nor to award damages in excess of what was specified in cross-complaint.

Prior denial of motion in underlying case to set aside default & default judgment has no collateral estoppel effect to bar independent action in equity directly attacking prior judgment.

Allstate not entitled to relief from default against its insured where it failed to exercise diligence in seeking relief.

Trial ct. did not err in denying motion to set aside default where service by publication, after extensive attempts to locate defendant; damages statement not required in circumstances.

Court erred in entering default judgment against individual Ds predicated on alter ego where complaint asserted only conclusory allegation that corporate D was alter ego of individual Ds.

Relief from judgment where summons does not result in actual notice.

As mailing S&C in newly filed suit to attorney who represented D in earlier action (out of which new action arose) did not satisfy actual notice requirement of CCP §473.5, D could seek to set aside default.

Default may be properly entered even where original summons has not yet been returned as long as defendant properly served.