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

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

No relief from default where frivolous and duplicative notices of removal did not stay state court proceedings and defendant failed to take action in state case for eight months.

Error to not grant motion to set aside a default judgment where trial ct. awarded damages in excess of that demanded in 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.

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.

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.

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.