In what circumstances have appellate courts refused to grant relief to a defendant who failed to respond to a complaint on the eve of the filing date?

California, United States of America

The following excerpt is from Iott v. Franklin, 206 Cal.App.3d 521, 253 Cal.Rptr. 635 (Cal. App. 1988):

Still other cases have resisted poignant grounds for relief. In Bellm v. Bellia (1984) 150 Cal.App.3d 1036, 198 Cal.Rptr. 389 the defendant was served with a complaint on November 13th and failed to file an answer before entry of default on December 28 because his father was dying of cancer which both distracted him and placed an extra Christmas business burden upon him. The trial court's denial of relief was affirmed.
Distinguishable are evidentiary conflict cases, where the appellate court merely recognizes the trial court's function to resolve conflicts in the evidence. (Shamblin v. Brattain, supra, 44 Cal.3d 474, 243 Cal.Rptr. 902, 749 P.2d 339.)

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