How can a tenant set aside a UD default?

CCP §473(b) allows set-aside within 6 months of judgment on grounds of mistake, inadvertence, surprise, or excusable neglect. Tenant must show diligence and a meritorious defense.

What if the tenant claims they weren't served?

CCP §473(d) and §473.5 cover lack of actual notice. If service was technically defective, the default can be set aside. Process server's proof of service is the key landlord evidence.

How long do landlords have to oppose?

15 court days from service of the motion to set aside. File written opposition with declarations and evidence of proper service plus any tenant lack of diligence.

What if the motion is granted?

The default is vacated, the tenant files an answer, the case proceeds to trial as if the default never happened. The landlord loses the writ if it has been issued. Possession may need to be restored if the lockout already occurred.

How often are these motions granted?

Courts are generally liberal in granting set-aside, especially for pro se tenants who can articulate a defense. Landlords should prepare for set-aside motions on any default and proceed quickly to writ before the motion gets filed.

CCP §473 · Six-month window

Set-aside motions. The tenant's main second chance.

CCP §473 gives tenants six months to vacate a default on mistake-inadvertence-surprise-excusable-neglect grounds. Courts are liberal. Landlords should move to writ and sheriff before the motion arrives.

TL;DR

Tenants have 6 months under CCP §473(b) to set aside default on mistake/inadvertence/excusable neglect. §473.5 covers lack of actual notice. Courts are liberal in granting. Landlords proceed to writ and sheriff quickly to limit set-aside leverage.

Default Judgment
Writ of Possession

Common questions — set aside

How does tenant set aside?

CCP §473(b) within 6 months on mistake/inadvertence/excusable neglect.

No service claim?

§473(d) or §473.5. Proof of service is key landlord evidence.

Time to oppose?

15 court days from motion service.

If granted?

Default vacated. Case proceeds to trial. Possession may need restoration.

Frequency?

Courts generally liberal in granting. Plan accordingly.