24 Cited authorities

Sporn v. Home Depot USA, Inc.
126 Cal.App.4th 1294 (Cal. Ct. App. 2005) Cited 161 times
Finding that "[c]ontentions on appeal are waived by a party who fails to support them with reasoned argument and citations to authority"
Elston v. City of Turlock
38 Cal.3d 227 (Cal. 1985) Cited 235 times
Ruling on a motion for relief will not be overturned absent an abuse of discretion
Fasuyi v. Permatex, Inc.
167 Cal.App.4th 681 (Cal. Ct. App. 2008) Cited 116 times
In Fasuyi, supra, 167 Cal.App.4th at page 701, we addressed a similar situation involving a represented defendant, in which the plaintiff's "counsel took the default without so much as a reminder, let alone a warning, about any responsive pleading.
York v. Black
176 Cal.App.4th 36 (Cal. Ct. App. 2009) Cited 104 times
Finding trial court was without jurisdiction to grant motion to vacate, holding that "[t]he six-month time limit for granting statutory relief is jurisdictional and the court may not consider a motion for relief made after that period has elapsed"
Moghaddam v. Bone
142 Cal.App.4th 283 (Cal. Ct. App. 2006) Cited 92 times 1 Legal Analyses
In Moghaddam, for example, a notice was sent to an address listing the correct post office box, but with the wrong zip code.
In re Marriage of Stevenot
154 Cal.App.3d 1051 (Cal. Ct. App. 1984) Cited 157 times
Giving examples of acts constituting extrinsic fraud
Kulchar v. Kulchar
1 Cal.3d 467 (Cal. 1969) Cited 186 times
Holding relief from judgment is properly denied when a party has not been prevented from participating in an action, had an opportunity to present his case to the court, and contributed to the circumstances giving rise to the judgment obtained
Weitz v. Yankosky
63 Cal.2d 849 (Cal. 1966) Cited 179 times
Making this statement in the context of vacating a default
Tammen v. San Diego County
66 Cal.2d 468 (Cal. 1967) Cited 152 times
Holding that the fact that the plaintiff had consulted with attorneys within the claim presentation period showed that the failure to present a timely claim was not caused by her incapacity
In re Marriage of Park
27 Cal.3d 337 (Cal. 1980) Cited 103 times
In Park, a husband failed to disclose his wife's deportation in a marriage dissolution proceeding, breaching his duty of disclosure and perpetrating a fraud on the court and the wife.
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,480 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 473 - Mistake, inadvertence, surprise or excusable neglect
Cal. Code Civ. Proc. § 473 Cited 5,921 times 3 Legal Analyses
Allowing up to six months to challenge a judgment entered through the moving party's mistake, inadvertence, surprise, or excusable neglect
Section 473.5 - Notice or motion to set aside default or default judgment and leave to defend
Cal. Code Civ. Proc. § 473.5 Cited 322 times
Permitting default judgment to be set aside when "service of a summons has not resulted in actual notice to a party"

Farmers Insurance Exhange vs. Daniel Florin Ciora

24 Cited authorities

Finding that "[c]ontentions on appeal are waived by a party who fails to support them with reasoned argument and citations to authority"

Ruling on a motion for relief will not be overturned absent an abuse of discretion

In Fasuyi, supra, 167 Cal.App.4th at page 701, we addressed a similar situation involving a represented defendant, in which the plaintiff's "counsel took the default without so much as a reminder, let alone a warning, about any responsive pleading.

Finding trial court was without jurisdiction to grant motion to vacate, holding that "[t]he six-month time limit for granting statutory relief is jurisdictional and the court may not consider a motion for relief made after that period has elapsed"

In Moghaddam, for example, a notice was sent to an address listing the correct post office box, but with the wrong zip code.

Giving examples of acts constituting extrinsic fraud

Holding relief from judgment is properly denied when a party has not been prevented from participating in an action, had an opportunity to present his case to the court, and contributed to the circumstances giving rise to the judgment obtained

Making this statement in the context of vacating a default

Holding that the fact that the plaintiff had consulted with attorneys within the claim presentation period showed that the failure to present a timely claim was not caused by her incapacity

In Park, a husband failed to disclose his wife's deportation in a marriage dissolution proceeding, breaching his duty of disclosure and perpetrating a fraud on the court and the wife.

Allowing service by filing papers with the court's electronic-filing system

Allowing up to six months to challenge a judgment entered through the moving party's mistake, inadvertence, surprise, or excusable neglect

Permitting default judgment to be set aside when "service of a summons has not resulted in actual notice to a party"