PRETRIAL ADJUDICATION
...Default
......Relief from Default
.........Vacating
9 Cards On This Topic:

When court grants relief from default judgment, may impose penalty on offending attorney or party.

Correcting mistakes and relief from default.

In reviewing motion to set aside default judgment, court must apply Falk factors to ensure "extreme circumstances" policy is recognized, but need not articulate particular "extreme circumstances" before denying motion.

Widow's motion to vacate default judgment in life insurance dispute should have been granted where her actions excusable, not culpable, her defense meritorious and no prejudice shown to other party.

Trial court not required to reinstate D's stricken answer when it vacated default judgment as his liability was established, and he remained able to appear in the action and contest damages.

Order denying D's motion to vacate default reversed where P served D as Doe but omitted statutory notice of such.

Where default judgment void as beyond trial court’s jurisdiction because in excess of amount demanded in complaint, court may vacate default and default judgment in its entirety and give P leave to amend complaint.

Default prove-up hearing not a trial for purposes of Code Civ. Proc. §583.320, which provides 3-yr. period within which to again bring matter to trial when new trial is granted by court.

P waived right to appeal trial court’s error in vacating default and dismissing where s/he did not challenge dismissal at trial, but chose to proceed on merits and appear at hearing on motion to dismiss.