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?


Asked on 6/11/10, 10:41 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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.

Read more
Answered on 6/11/10, 1:59 pm

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.

Read more
Answered on 6/11/10, 2:00 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California