Legal Question in Civil Litigation in California
If a plantiff filed a default judgment and the defendent came back and appealed the court(not the attorney) to vacate the judgment and grant an extension, under what circumstances would the judge deny the request given it is not often denied. Can evidence be admitted to sway the judge in any way? What is usually the reasonable threshold timewise?
2 Answers from Attorneys
The appropriate response to a default judgment is usually a motion for relief, not an appeal. When judges deny such a motion it is usually because the defendant waited too long before bringing it.
Judges will consider evidence submitted with such a motion, but for the most part they will only be interested in evidence about when you learned of the judgment. Unless you bring your motion immediately upon learning of the judgment, the court will also want evidence about why you waited.
It's important to act quickly. You should find a lawyer to represent you, since you are likely to make at least one fatal error if you try this yourself and since you almost certainly won't get a second shot at it.
The court basically has to determine that the defendant intentionally refused to respond, and then is trying to change their mind. The standard is "mistake, inadvertance, or excuseable neglect." Only willful and intentional neglect is usually consiered inexcusable.
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