What is the test for a motion to vacate a default judgment or order on equitable grounds?

California, United States of America


The following excerpt is from De-Ortez v. Acuna, B237484 (Cal. App. 2012):

"[E]ven where relief is no longer available under statutory provisions, a trial court generally retains the inherent power to vacate a default judgment or order on equitable grounds where a party establishes that the judgment . . . resulted from extrinsic fraud or mistake (In re Marriage of Melton (1994) 28 Cal.App.4th 931, 937)." (County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1228-1229.) "We review the court's denial of a motion for equitable relief to vacate a default judgment or order for an abuse of discretion, determining whether that decision exceeded the bounds of reason in light of

Page 9

Other Questions


When a motion to vacate a default is denied before entry of the default judgment, can the order be appealed? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
Can an order denying a motion to vacate a prior order setting aside default be appealed? (California, United States of America)
When will a judge order an order to vacate and set aside default defaults? (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)
Does a timely appeal from an order denying a motion to vacate default judgment apply? (California, United States of America)
Can an order denying a motion to set aside a default be appealed from 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)
Is a motion denying a motion to vacate a previous judgment an appealable order? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.