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"[T]he fact that plaintiff fails to show any prejudice resulting from defendant's claimed lack of diligence, although important, is not decisive. Lack of prejudice is one of the factors the trial court may properly consider in determining whether defendant acted diligently." (Weitz, supra, 63 Cal.2d at p. 857, 48 Cal. Rptr. 620, 409 P.2d 700.) "The other factor to be considered is whether defendant in the light of the circumstances known to him acted unreasonably in not filing the motion to set aside the default judgment earlier." (Ibid.) As we have already determined, Fagor acted unreasonably in failing to take any action to set aside the default and the default judgment once Fagor learned of their existence. Moreover, the record does not establish that Cruz would suffer no prejudice as a result of Fagor's inexcusable delay.
A review of the record demonstrates that Cruz diligently attempted to receive compensation from Fagor's insurance company during the period of time between the incident and the filing of the complaint in this case. It was not until after counsel for Cruz received a letter from American Equity in August 2004 reiterating its previous denial of Cruz's claim that Cruz filed this lawsuit. On this record, it is clear that Cruz was attempting to resolve the matter without having to resort to litigation.
What else can I help you with?
How do you apply for conservatorship of the elderly?
from the courts
What is the role of the courts in interpreting citizens rights?
courts apply the laws and rule about rights and restrictions
Which clause of the fourteenth amendment ended up being used by the courts to apply the bill of rights to the the states?
The due process clause of the Fourteenth Amendment is used by the courts to apply the Bill of Rights to the states.
How does federalism apply to US Courts?
It puts the federal court as more important than the other courts, other than the supreme court.
If you have a child at the age of 15 are you automaticly emancipated?
no you have to apply through the courts to be emancipated
Trial courts are more prone to interpret the law whereas appellate courts are more apt to apply the law and make public policy?
False
How do you get sole custody in Edmonton Alberta Canada?
apply to the courts for sole custody and pray.
What takes place in federal district courts that does not happen in federal appeals courts or in Supreme Court?
Trial by jury is a right in the lower courts that does not apply in appeals courts or the Supreme Court. The jury makes findings of fact and fact is no longer in issue on appeal.
The court decisions affect the constitution because the courts what?
Apply and interpret the constitution in legal cases
What is the difference between federal and state courts in terms of their jurisdiction and authority?
Federal courts have jurisdiction over cases involving federal laws, the Constitution, or disputes between parties from different states. State courts, on the other hand, have jurisdiction over cases involving state laws and disputes between parties within the same state. Federal courts have authority to interpret and apply federal laws, while state courts have authority to interpret and apply state laws.
What is an Article III state court?
There is no such thing as an Article III state court. Article III is the section of the US Constitution that deals with federal courts; it does not apply to state courts.
Where can one go to apply for a job at Cash America International?
A person can apply for a job at Cash America International online. A person can also apply for a job at Cash America at the corporate Field Support Center in Fort Worth, Texas.
