How do I set aside a default judgment in California?

1. Governing Rule. Cal. Code of Civil Procedure § 473(b) governs discretionary relief from defaults and default judgments; § 473(d) covers void judgments; § 473.5 applies when service did not result in actual notice. Federal Rule 60 is the analog.

2. Grounds. (a) Mistake, inadvertence, surprise, or excusable neglect (§ 473(b)); (b) void judgment for lack of personal/subject-matter jurisdiction or defective service (§ 473(d)); (c) lack of actual notice in time to defend (§ 473.5); (d) extrinsic fraud or mistake under the court's equitable power.

3. Deadline. Discretionary motions under § 473(b) must be filed within a "reasonable time" and no later than six months from entry of the judgment, dismissal, or order. § 473.5 motions: within 2 years of entry or 180 days after service of notice of entry, whichever is earlier. Void judgments may be attacked at any time.

4. Mandatory vs Discretionary. § 473(b) requires the court to grant relief when the motion is accompanied by an attorney's sworn affidavit of fault, unless the court finds the default was not in fact attorney-caused. Otherwise relief is discretionary.

5. Required Showing. Meritorious defense, satisfactory excuse, and diligence after discovering the default (see Elston v. City of Turlock, 38 Cal. 3d 227).

6. Filing Procedure. Notice of motion, supporting declaration, memorandum, and a copy of the proposed answer or responsive pleading must be lodged with the motion.

7. Bond / Conditions. The court may impose terms, including payment of opposing counsel's fees and costs, as a condition of vacatur.

8. Appeal of Denial. An order denying a § 473 motion is appealable as a post-judgment order under § 904.1(a)(2).

9. Collateral Attack. A judgment void on its face may be attacked collaterally in any proceeding.

This is legal information, not legal advice.