PRETRIAL ADJUDICATION
...Default
......Relief from Default
.........Procedure
5 Cards On This Topic:

Motion to set aside default and for leave to defend.

Default only confesses allegations in “well pleaded” complaint; relief limited to that supported by properly pled causes of action.

No error in court's refusal to allow D to withdraw his first motion to vacate, after court issued a tentative ruling denying the motion, in order to make way for 2d version of the same motion.

Trial court properly denied CCP 473(b) relief where defaults not taken against D through its mistake, inadvertence, surprise, or excusable neglect; other defaults void where D not given notice of damages requested.

Proper method for D to seek relief from default judgment was a motion in district court in accordance with FRC 60 (b), not an appeal to Court of Appeals. [Federal]