Is credibility an issue for the fact finder in determining whether a default was caused by an attorney's mistake, inadvertence, surprise or neglect?
California, United States of America
The following excerpt is from Darab N. v. Olivera, 242 Cal.Rptr.3d 891, 31 Cal.App.5th 1134 (Cal. App. 2019):
determination of whether the default was caused by the attorneys mistake, inadvertence, surprise, or neglect is in part a credibility determination. [Citation.] Credibility is an issue for the fact finder .... we do not reweigh evidence or reassess the credibility of witnesses. " ( Cowan v. Krayzman (2011) 196 Cal.App.4th 907, 915, 126 Cal.Rptr.3d 793.)
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