A default judgment is reversible, but the window is small and the standard is strict.
CCP § 473(b) gives you 6 months to move for set-aside, but the sheriff’s lockout can happen within days. Act now.
You missed the 10-day Answer deadline. The landlord requested a default and the clerk entered it. A judgment for possession may already be on file. The sheriff may have posted (or be about to post) a 5-day vacate notice.
It is not over. California Code of Civil Procedure § 473(b) allows you to move to set aside a default judgment within six months on grounds of mistake, inadvertence, surprise, or excusable neglect, supported by a meritorious defense. Courts grant these motions when the genuine mistake is documented and the underlying defense has merit. But you have to act FAST, because the lockout doesn’t wait for your motion.
We only represent tenants. CCP § 473 motions are routine when the facts support them. The faster they are filed, the better, including a request for a stay of the writ of possession.
Quick Answer
California Code of Civil Procedure § 473(b) allows a defendant to move to set aside a default or default judgment within 6 months on grounds of mistake, inadvertence, surprise, or excusable neglect. A meritorious defense must be shown. For unlawful detainer, the motion should be filed immediately with a request to stay the writ of possession. Attorney-affidavit relief is available when counsel’s mistake caused the default. CCP § 473(d) allows set-aside any time for void judgments (e.g., service defects).
Key Takeaways
- CCP § 473(b) — 6 months to move for set-aside on grounds of mistake/inadvertence/surprise/excusable neglect.
- Must show a meritorious defense, the affirmative defenses you would have pleaded.
- Attorney-affidavit relief under § 473(b) — mandatory when counsel admits fault.
- CCP § 473(d) — set-aside any time for void judgments (e.g., defective service of Summons).
- Move quickly, sheriff’s lockout doesn’t wait. Include a request to stay the writ.
- Bring proof of the mistake (calendar entries, illness records, attorney communications).
- Bring proof of the defense (defective notice, habitability, retaliation, LARSO failure).
- Tender of rent owed often strengthens the motion.
The two CCP § 473 paths
Discretionary set-aside — § 473(b) (first sentence)
Available for any party. Requires showing mistake, inadvertence, surprise, or excusable neglect. The court has discretion, strong factual showing of genuine mistake plus a real defense usually wins.
Mandatory attorney-affidavit relief — § 473(b) (second sentence)
If counsel attests under oath that the default resulted from their mistake, inadvertence, surprise, or neglect, even if NOT “excusable” — the court MUST grant relief. Mandatory. This applies to defaults caused by attorney error.
Void-judgment path, CCP § 473(d)
If the underlying judgment is void (for example, the Summons was not properly served and the court never had personal jurisdiction), the time limit does not apply. A § 473(d) motion can be filed at any time. Common void-judgment grounds in UD:
- Summons served on wrong person.
- Service at wrong address.
- Substituted service without reasonable diligence.
- Posted-and-mailed service that never reached the tenant due to a wrong mailing address.
- Service while the defendant was outside California in violation of due process rules.
What you have to show, meritorious defense
The court will not set aside a default if there’s no defense to assert. The motion has to attach a proposed Answer (or other responsive pleading) raising actual affirmative defenses. Common defenses that support set-aside:
- Defective 3-Day Notice (overstated rent, missing language).
- Improper service of the Summons.
- Habitability defense, rent owed is offset by the defect value.
- Retaliation under CC § 1942.5.
- LARSO/AB 1482 just-cause failure or unpaid relocation.
- Payment that was tendered and refused.
The emergency stay request
A set-aside motion alone doesn’t stop the sheriff. The motion has to include a request to stay the writ of possession (CCP § 918). The court can stay enforcement pending the hearing. Without a stay, the lockout proceeds even while the motion is pending, and a tenant locked out before the motion is heard has no home to return to even if the motion is later granted.
Common “excusable neglect” fact patterns courts accept
- Tenant was hospitalized during the 10-day window, medical records attached.
- Tenant was out of state caring for a sick relative, travel records, witness declarations.
- Tenant tried to contact the landlord to settle and was told no UD was being filed, text/email evidence.
- Tenant believed an attorney was handling the case, engagement letter or communication.
- Service was technically valid but materially defective in a way the tenant did not understand.
- Language barrier, tenant did not understand the documents (declaration plus translator if needed).
What to do RIGHT NOW
- Confirm whether default has been entered (the docket on the court website will show it).
- Confirm whether a writ of possession has been issued, that triggers the sheriff.
- Gather proof of the mistake, calendar, medical records, attorney emails, anything.
- Identify the affirmative defenses you would have pleaded.
- If you owe rent, prepare to tender it as part of the motion.
- Get counsel TODAY, every day the writ runs is closer to lockout.
Related pages
- The 10-court-day Answer Deadline
- How to Answer (UD-105)
- Improper Service Defense
- Motion to Quash UD Summons
- Bankruptcy Automatic Stay
- Looking for a Los Angeles eviction defense attorney? Our main tenant defense page covers the full eviction defense playbook.
- Eviction Defense Information Hub: comprehensive topic index for California tenants.
- What Happens After You File Your Answer
- How Long Does an Eviction Case Take in LA
- Neighborhood guides: Santa Monica, West Hollywood, Long Beach, Hollywood, Downtown LA
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