In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:
" the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;
" the presence of material issues of fact;
" the presence of a meritorious defense to the claim;
" the significance of the interests at stake, including, but not limited to, the amount of money involved;
" whether the failure to answer was intentional or willful or the result of conscious indifference;
" whether party or counsel bears responsibility for default; and
" the availability of less drastic sanctions.
A Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal procedure available in San Jose, California, that allows a party to request the court to overturn a default judgment that was entered against them due to certain specified reasons. This motion serves as an opportunity for the party to rectify any errors or injustices resulting from a default judgment. In San Jose, California, several types of Motion to Vacate or Set Aside Entry of Default and Default Judgment can be filed, each occurring under different circumstances. These types include: 1. Mistake: A motion based on the grounds of mistake is filed when the default judgment was entered due to a factual or legal error, either by the court or the party. 2. Inadvertence: This type of motion is filed when the default judgment occurred due to unintentional oversight, negligence, or carelessness on part of the party against whom the judgment was entered. 3. Surprise: A motion based on surprise is submitted when the default judgment was entered as a result of unexpected new information or evidence that the defaulting party was unaware of and had no reasonable opportunity to address. 4. Excusable Neglect: This type of motion is filed when the default judgment was entered due to the neglect or failure of the defaulting party to take appropriate action, but the neglect can be attributed to excusable reasons such as illness, confusion, or other legitimate justifications. When filing a Motion to Vacate or Set Aside Entry of Default and Default Judgment in San Jose, California, it is essential to include relevant and specific keywords to ensure the motion's effectiveness and to communicate the intended purpose clearly to the court. Keywords that may be used include but are not limited to: — Motiovacantat— - Set Aside Entry of Default — DefaulJudgmenten— - Mistake - Inadvertence — Surpr—se - ExcusaNeglectglec— - San Jose California — LeProcedureedur— - Factual Error - Legal Error — Oversigh— - Negligence - Carelessness - New Information Unawareses— - Excusable Reasons - Illness — Confusio— - Court Process - Legal Remedies By incorporating these relevant keywords into the detailed description of a San Jose California Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect, the motion becomes more informed, specific, and likely to achieve the desired outcome.A Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal procedure available in San Jose, California, that allows a party to request the court to overturn a default judgment that was entered against them due to certain specified reasons. This motion serves as an opportunity for the party to rectify any errors or injustices resulting from a default judgment. In San Jose, California, several types of Motion to Vacate or Set Aside Entry of Default and Default Judgment can be filed, each occurring under different circumstances. These types include: 1. Mistake: A motion based on the grounds of mistake is filed when the default judgment was entered due to a factual or legal error, either by the court or the party. 2. Inadvertence: This type of motion is filed when the default judgment occurred due to unintentional oversight, negligence, or carelessness on part of the party against whom the judgment was entered. 3. Surprise: A motion based on surprise is submitted when the default judgment was entered as a result of unexpected new information or evidence that the defaulting party was unaware of and had no reasonable opportunity to address. 4. Excusable Neglect: This type of motion is filed when the default judgment was entered due to the neglect or failure of the defaulting party to take appropriate action, but the neglect can be attributed to excusable reasons such as illness, confusion, or other legitimate justifications. When filing a Motion to Vacate or Set Aside Entry of Default and Default Judgment in San Jose, California, it is essential to include relevant and specific keywords to ensure the motion's effectiveness and to communicate the intended purpose clearly to the court. Keywords that may be used include but are not limited to: — Motiovacantat— - Set Aside Entry of Default — DefaulJudgmenten— - Mistake - Inadvertence — Surpr—se - ExcusaNeglectglec— - San Jose California — LeProcedureedur— - Factual Error - Legal Error — Oversigh— - Negligence - Carelessness - New Information Unawareses— - Excusable Reasons - Illness — Confusio— - Court Process - Legal Remedies By incorporating these relevant keywords into the detailed description of a San Jose California Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect, the motion becomes more informed, specific, and likely to achieve the desired outcome.
