Usually, if you pick the right route and move fast. Across 607 California rulings, courts set aside the default or default judgment in 393, as of October 24, 2026. An attorney's sworn admission of fault worked in 43 of 50 tries. Most requests that failed had no real explanation for missing the deadline (59) or came too late (48).
The number
| What happened to the default | Rulings |
|---|---|
| Set aside | 362 of 607 |
| Set aside in part, or on conditions | 31 of 607 |
| Left in place | 214 of 607 |
What decides it: the route you choose
California gives a defaulted party several routes, each with its own test and deadline. In 483 of the rulings, the court decided the request under one route.
| Route | Default set aside |
|---|---|
| Attorney's sworn affidavit of fault (Code Civ. Proc. § 473(b), mandatory relief) | 43 of 50 |
| Void judgment, usually because service was bad (§ 473(d)) | 108 of 135 |
| No actual notice of the lawsuit in time to defend (§ 473.5) | 53 of 81 |
| Mistake, surprise or excusable neglect (§ 473(b), discretionary relief) | 127 of 207 |
| Extrinsic fraud or mistake (the court's equitable power) | 6 of 10 |
In the other 124 rulings, the court relied on more than one route or did not say which. The default was set aside in 56 of those.
The attorney-fault route is close to automatic when it is done right. Under § 473(b), if the request is made within six months, is in proper form, and comes with the attorney's sworn affidavit of fault, the court must set the default aside. One court found that "Counsel's declaration sufficiently establishes that the failure to respond or move to quash resulted from his mistake, inadvertence, surprise, or neglect." (Los Angeles, 25NNCV06737, 2026-08-25.)
Bad service is the other strong route. "Therefore, Plaintiff has adequately demonstrated that service of the summons and complaint was not valid, and the default judgment entered accordingly is void." (Los Angeles, 24SMCV03548, 2026-06-09.)
What the average hides: the most common route is the weakest
The route parties used most, discretionary relief for mistake or excusable neglect, worked in 127 of 207 rulings. That is well below the attorney-fault route (43 of 50) or void service (108 of 135). Discretionary relief asks the court to accept the reason for the miss, and many requests had no reason a court would accept.
Here is why the 214 defaults were left in place:
| Why the default stayed | Rulings |
|---|---|
| No real explanation for missing the deadline | 59 of 214 |
| Filed too late | 48 of 214 |
| The court found the party had notice, or service was valid | 26 of 214 |
| No proposed answer attached | 16 of 214 |
| The attorney's affidavit of fault was not enough | 8 of 214 |
| The party waited too long after learning of the default | 6 of 214 |
| Other reasons | 51 of 214 |
Deadlines are strict. "The Court DENIES the motion, because it is untimely." (Los Angeles, 24STLC04903, 2026-06-09.) So is the paperwork. Discretionary relief under § 473(b) and relief under § 473.5 both require the proposed answer. "Ross fails to attach a proposed answer as required by Code of Civil Procedure section 473.5, subdivision (b)." (Los Angeles, 23STLC04408, 2026-07-16.)
What to do
| If your client was defaulted | If your client holds the default |
|---|---|
| Move fast. Discretionary and mandatory relief under § 473(b) both have a six-month outer limit, and § 473.5 runs no later than two years after a default judgment, or 180 days after written notice of it, whichever is earlier. | Check the timing first. Late requests failed in 48 of the 214 rulings where the default stayed. |
| If the default was your fault as the attorney, say so in a sworn affidavit. It worked in 43 of 50 tries. | Check whether the affidavit admits the attorney's own fault and is in proper form. Affidavits fell short in 8 rulings. |
| Attach the proposed answer, and give a real reason for the miss. | Look for a missing proposed answer and a missing explanation. Those two together account for 75 of the 214. |
Method: 607 California superior court tentative rulings deciding a motion to set aside a default or default judgment, as of October 24, 2026. Each ruling was coded for outcome, the route the court decided under, and the main reason, and each disposition quote was checked against the ruling text. "Set aside" includes rulings that set the default aside in part or on conditions. Route counts cover the 483 rulings decided under a single route. These are tentative rulings, not precedent, and these counts are not odds of winning. Nothing here is legal advice.