Stockton California Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect

State:
Multi-State
City:
Stockton
Control #:
US-01530BG
Format:
Word; 
Rich Text
Instant download

Description

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.

Free preview
  • Preview Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect
  • Preview Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect
  • Preview Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect
  • Preview Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect

Form popularity

FAQ

Stockton is known for being home to the oldest university in California, the University of The Pacific. With the low cost of living (compared to other areas in California) and being a family-friendly city, Stockton is a great place to live. Where Is Stockton?

Founded in 1849 and incorporated in 1850, the City of Stockton is one of the oldest incorporated cities in California.

Stockton The violent crime rate in Stockton is 1,397 per 100,000 people. There are approximately 34 murders, 181 rapes, 1,158 robberies, and 3,007 aggravated assaults annually in Stockton.

Crime and high cost of living are two of the biggest drawbacks to living in Sacramento. Although not as high as Stockton's crime rates, the crime rate in Sacramento is 46 percent above the national average. Violent crime is 76 percent above the national average in Sacramento.

In 2021, there were 1.13 times more Asian (Non-Hispanic) residents (65.1k people) in Stockton, CA than any other race or ethnicity. There were 57.5k White (Non-Hispanic) and 53.6k White (Hispanic) residents, the second and third most common ethnic groups. 44.9% of the people in Stockton, CA are hispanic (143k people).

Home to California's oldest university. In 1851, University of the Pacific became California's first chartered institution of higher education.

In 2018, Stockton ? whose roughly 310,000 residents were 42% Hispanic, 24% Asian, 19% non-Hispanic white and 13% black ? was the most racially diverse large city in America, ing to a U.S. News analysis based on recent census data.

Stockton is in San Joaquin County. Living in Stockton offers residents a dense suburban feel and most residents own their homes. In Stockton there are a lot of parks. Many families live in Stockton and residents tend to lean liberal.

Interesting Questions

Trusted and secure by over 3 million people of the world’s leading companies

Stockton California Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect