California, United States of America
The following excerpt is from Kontrabecki v. Mechanics Bank, A143665 (Cal. App. 2016):
judgment when the party has been given notice of the action and has had an opportunity to present his case and to protect himself from any mistake or fraud of his adversary, but has unreasonably neglected to do so." ' [Citation.] [] Additionally, the party seeking equitable relief on the grounds of extrinsic fraud or mistake must show three elements: (1) a meritorious defense; (2) a satisfactory excuse for not presenting a defense in the first place; and (3) diligence in seeking to set aside the default judgment once discovered." (Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 750.)
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