California, United States of America
The following excerpt is from People v. Thompson, 2d Civil No. B257614 (Cal. App. 2015):
"The court's determination of whether the default was caused by the attorney's mistake, inadvertence, surprise, or neglect is in part a credibility determination. [Citation.]" (Cowan v. Krayzman (2011) 196 Cal.App.4th 907, 915.) "'Credibility is an issue for the fact finder . . . we do not reweigh evidence or reassess the credibility of witnesses[.]'" (Ibid.) "'When . . . 'the evidence gives rise to conflicting reasonable inferences, one of which supports the findings of the trial court, the trial court's finding is conclusive on appeal[.]' [Citation.]'" (Ibid.)
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