PRETRIAL ADJUDICATION
...Default
......Relief from Default
.........Effect of Denial
3 Cards On This Topic:
  • CCP 1008 allows trial court to reconsider its interim orders that might later be incorporated into judgment, but also orders made after judgment, as long it does so in accordance with statute's requirements.
  • Fact that Ds did not file CCP 473 motion for relief from default, but instead filed motion for reconsideration bordering on the frivolous, was further indication that terminating sanctions justified and appropriate.
  • 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.