What is the burden of proving that the default was entered into a document by mistake?
California, United States of America
The following excerpt is from Schwartz v. Smookler, 20 Cal.Rptr. 507, 202 Cal.App.2d 76 (Cal. App. 1962):
'The burden of showing that the default was entered [202 Cal.App.2d 81] through mistake, inadvertence, surprise or excusable neglect is on the moving party, and in the absence of such a showing the default may not be set aside.' (Yarbrough v. Yarbrough, supra.)
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