PRETRIAL ADJUDICATION
...Default
......Relief from Default
.........Equitable Relief from Judgment
............Grounds: Extrinsic Fraud or Mistake
5 Cards On This Topic:

Insurer qualified for equitable relief from default judgments based on extrinsic mistake where it showed: (1) a meritorious case, (2) a satisfactory excuse for not presenting a defense, and (3) diligence in seeking relief.

No error in setting aside default and default judgment against trustee that filed unchallenged declaration of nonmonetary status, was entitled to believe no default could be entered against it, and counsel did not know of default proceeding.

Fraud is intrinsic and not valid ground for setting aside judgment when party given notice of action, had opportunity to present case and protect self from mistake or fraud, but unreasonably neglected to do so.

Party’s failure to perform duty to speak or make disclosures, which arises from confidential or fiduciary relationship to other party, is fraud justifying equitable relief from judgment.

Court has equitable power to grant relief from default judgment arising out of defendant’s negligence or mistake so long as no prejudice shown to opposing party.