Pearson v. Continental Airlines

Opinion

LILLIE, J.

Plaintiff appeals from an order granting defendant’s motion to vacate a default and set aside a default judgment subsequently entered against it in the sum of $102,962 (damages for personal injuries), the grounds of which were inadvertence, mistake and excusable neglect (Code Civ. Proc., § 473). He claims the supporting declarations are devoid of any showing which warranted the relief sought, hence it was an abuse of discretion for the court to grant such relief.

From the complaint and the default hearing, it appears that plaintiff’s injuries were sustained on October 18,…