Setting Aside a Default Judgment in California

Full question:

After I responded to the unlawful detainer suit, a hearing/ trial date was set by the court , in California county of Orange, Harbor Justice Center, Newport Beach facility on a prearranged medical matter that was dated before the above mentioned hearing/ trial date set and I was notified of by mail. I was left with unreturned calls reaching plaintiff's attorney, until the day before where it was a court holiday. I notified him that I could not be in court, because of medical reasons, but he said he would have someone there anyway. I notified the court of the problem the morning of trial and said I could not be there and explained why, also mentioned that a letter would follow up via fax that morning. The fax was received later that day. <br /> I am told after waiting for the fax I was found in default and a judgment was entered against me. I understand they have made one attempt to take possession of the property and failed based on technicality. I need to file a motion to set aside the judgment before they get possession rights. I notified the court, the plaintiff's attorney of my basis for none appearance, confirmed the conversation by fax, and offered immediate proof from the cardiologist if deemed necessary. Good cause is there for consideration in setting aside the judgment, entered by default, or however you might say it. Can you tell me the correct procedure for setting aside a default judgment against me?

• Category: Civil Actions
• Date: 04/07/2025
• State: California

Answer:

If the tenant does not file a written response to the landlord's complaint, the landlord can ask the court to enter a default judgment against the tenant. The tenant then will receive a notice of judgment and writ of possession.

There are various reasons why a tenant might not respond to the landlord's complaint. For example, the tenant may have received the summons and complaint, but was not able to respond because the tenant was ill or incapacitated, or for some other justified reason. It is sometimes the case that the tenant was never served with the landlord's summons and complaint. In situations where the tenant has a justifiable reason for not responding to the landlord's complaint, the tenant can ask the court to set aside the default judgment.

Setting aside a default judgment can be complicated. Typical defenses used include, among others, the tenant's (or the tenant's lawyer's) mistake, inadvertence, surprise, or excusable neglect. A tenant who wants to ask the court to set aside a default judgment must act promptly. The tenant should be able to show the court that he or she has a satisfactory excuse for the default, acted promptly in making the request, and has a good chance to win at trial. A tenant who thinks that grounds exist for setting aside a default judgment should first seek advice and assistance from a lawyer, a legal aid organization, or a tenant organization.

One of the most common types of interlocutory applications is an application to have default judgement set aside. A default judgement is one which has been entered where a defendant has failed to take an essential step within the time prescribed by the court rules, such as failing to file a defense in the Court. To have default judgement set aside a defendant applies to the court and provides affidavit evidence which sets out the reason for the default and shows that they have an arguable defense. While it is relatively easy to have default judgement set aside the court will usually order that the defaulting party pay the other side's costs of the motion and the costs caused by having a default judgement entered.