25 Cited authorities

  1. Sporn v. Home Depot USA, Inc.

    126 Cal.App.4th 1294 (Cal. Ct. App. 2005)   Cited 159 times
    Finding that "[c]ontentions on appeal are waived by a party who fails to support them with reasoned argument and citations to authority"
  2. 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
  3. 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.
  4. York v. Black

    176 Cal.App.4th 36 (Cal. Ct. App. 2009)   Cited 103 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"
  5. 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.
  6. In re Marriage of Stevenot

    154 Cal.App.3d 1051 (Cal. Ct. App. 1984)   Cited 153 times
    Giving examples of acts constituting extrinsic fraud
  7. 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
  8. Weitz v. Yankosky

    63 Cal.2d 849 (Cal. 1966)   Cited 179 times
    Making this statement in the context of vacating a default
  9. Tammen v. San Diego County

    66 Cal.2d 468 (Cal. 1967)   Cited 151 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
  10. In re Marriage of Park

    27 Cal.3d 337 (Cal. 1980)   Cited 101 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.
  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,113 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  12. Section 473 - Mistake, inadvertence, surprise or excusable neglect

    Cal. Code Civ. Proc. § 473   Cited 5,890 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
  13. Section 473.5 - Notice or motion to set aside default or default judgment and leave to defend

    Cal. Code Civ. Proc. § 473.5   Cited 318 times
    Permitting default judgment to be set aside when "service of a summons has not resulted in actual notice to a party"
  14. Rule 3.402 - Complex case counterdesignations

    Cal. R. 3.402   Cited 1 times

    (a) Noncomplex counterdesignation If a Civil Case Cover Sheet (form CM-010) designating an action as a complex case has been filed and served and the court has not previously declared the action to be a complex case, a defendant may file and serve no later than its first appearance a counter Civil Case Cover Sheet (form CM-010) designating the action as not a complex case. The court must decide, with or without a hearing, whether the action is a complex case within 30 days after the filing of the