What is the test for a motion to set aside a default judgment?

California, United States of America


The following excerpt is from Robinson & Wisbaum, Inc. v. Smith, G049562 (Cal. App. 2015):

Smith did not bring her motion to set aside the default judgment within six months after it was entered. She is not entitled to relief under the statute. "Once six months have elapsed since the entry of a judgment, 'a trial court may grant a motion to set aside that judgment as void only if the judgment is void on its face.' [Citation.]" (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 496.)

Other Questions


Can an order denying a motion to set aside a default be appealed from the default judgment? (California, United States of America)
Does a motion to set aside a default judgment against a defendant be granted on the grounds that the judgment is void? (California, United States of America)
What is the test for a motion to vacate a default and set aside the default judgment? (California, United States of America)
Can a defendant in a child support action appeal from an order of the superior court denying his motion to vacate default and set aside a judgment entered pursuant to stipulation? (California, United States of America)
In a motion before the Superior Court of Justice to vacate a judgment against an appellant, what is the effect of the judgment against the appellant on the motion to withdraw his plea? (California, United States of America)
What is the legal test for a motion to set aside a default judgment? (California, United States of America)
What is the test for a motion to vacate a default and set aside a judgment? (California, United States of America)
What is the test for a motion to set aside a default judgment? (California, United States of America)
How have courts dealt with a motion to set aside a default judgment? (California, United States of America)
What is the test for a motion to vacate a default and set aside a judgment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.