Does plaintiff have to prove diligence to set aside a default?
California, United States of America
The following excerpt is from De Langis v. Hermanne, LLC, G048900 (Cal. App. 2015):
Further, plaintiff has not shown extrinsic fraud. To prevail on that claim he would have to prove a meritorious case, a reasonable excuse for not defending the original action, and "'diligence in seeking to set aside the default once . . . discovered.' [Citation.]" (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 982.) Even without addressing the first two elements, there is no evidence supporting the third element - diligence.
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