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Farmers Insurance Exhange vs. Rukhsana Khan

Motion to Set Aside

15 Cited authorities

  1. Rappleyea v. Campbell

    8 Cal.4th 975 (Cal. 1994)   Cited 1,266 times   1 Legal Analyses
    Holding the trial court abused its discretion in denying the defendants' motion to set aside the default

  2. 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.

  3. MacLeod v. Tribune Publishing Co.

    52 Cal.2d 536 (Cal. 1959)   Cited 200 times   1 Legal Analyses
    In MacLeod v. Tribune Publishing Co., 52 Cal.2d 536, 552, 343 P.2d 36, a case of a newspaper attack upon a candidate for public office, the Supreme Court of California held that Civil Code § 47(3) and the Snively doctrine did not extend a qualified privilege to a statement published with knowledge of its falsity or without an honest belief in its truth.

  4. Lorenz v. Commercial Acceptance Ins. Co.

    40 Cal.App.4th 981 (Cal. Ct. App. 1995)   Cited 53 times
    Reasoning that the statute is clear and the bond is mandatory

  5. Olivera v. Grace

    19 Cal.2d 570 (Cal. 1942)   Cited 217 times
    In Olivera v. Grace, 19 Cal.2d 570 [ 122 P.2d 564, 140 A.L.R. 1328], the personal representative of a deceased incompetent brought an independent action in equity to set aside a default judgment taken against the incompetent some 28 months earlier, of which the plaintiff obtained information only after the death of the incompetent.

  6. Tunis v. Barrow

    184 Cal.App.3d 1069 (Cal. Ct. App. 1986)   Cited 43 times

    Docket No. B016404. August 26, 1986. Appeal from Superior Court of Los Angeles County, No. C-461415, Robert H. O'Brien, Judge. COUNSEL Nissenberg Nissenberg and David N. Nissenberg for Defendants and Appellants. Dominick Nardelli for Plaintiff and Respondent. OPINION LILLIE, P.J. Defendants appeal from order denying their motion to vacate default judgment and order denying motion for rehearing. FACTUAL AND PROCEDURAL BACKGROUND In December 1982 Ruth Tunis purchased a 1980 Trailmobile double-drop

  7. In re Marriage of Jacobs

    128 Cal.App.3d 273 (Cal. Ct. App. 1982)   Cited 47 times
    Notwithstanding party's delay of almost six months in seeking relief from judgment, party showed due diligence by showing that after she developed doubts regarding the judgment, she unsuccessfully sought assistance from her original counsel and then hired new counsel

  8. Rosenthal v. Garner

    142 Cal.App.3d 891 (Cal. Ct. App. 1983)   Cited 30 times
    In Rosenthal, for example, the court set aside a default judgment where the attorney received a summons and complaint and failed to advise the client.

  9. Goya v. P.E.R.U. Enterprises

    87 Cal.App.3d 886 (Cal. Ct. App. 1978)   Cited 25 times
    Finding no actual notice under section 473.5 notwithstanding the fact that certain parties were served with the summons and complaint via substitute service

  10. Smith v. Los Angeles Bookbinders Union

    133 Cal.App.2d 486 (Cal. Ct. App. 1955)   Cited 39 times
    In Smith v. Los Angeles Bookbinders Union, 133 Cal.App.2d 486, 500 [ 284 P.2d 194], failure to give notice of intention to take a default was deemed of some significance.

  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system