Legal Question in Civil Litigation in California

can a default judgment be reversed in a civil case if the defendant was too disabled to participate?


Asked on 3/06/10, 11:51 pm

1 Answer from Attorneys

Aryeh Leichter Leichter Law Firm, APC

Yes. Under Code of Civil Procedure section 473(b), a court may relieve a party from default judgment taken against him through his mistake, inadvertence, surprise, or excusable neglect. You're disability may constitute excusable neglect.

You must file a motion to be relieved from default judgment within a reasonable amount of time but in no case more than 6 months after the date of default. The motion must be accompanied by an answer or other responsive pleading.

Ari

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Aryeh Leichter

Leichter Law Firm

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Answered on 3/12/10, 1:33 am


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