Legal Opinion

Pablo Gonzalez v. Quoc Nguyen

Arizona Supreme Court

Decided April 12, 2018No. CV-17-0117-PRPublishedCited by 2 opinions

1Opinion of the Court

JUSTICE BOLICK, opinion of the Court:

¶ 1 We consider here whether a defendant must submit additional evidence outside the existing record to establish a "meritorious defense" in a motion to set aside a default judgment under Arizona Rule of Civil Procedure 60(c) (now 60(b) ). 1 We hold that a defendant may rely on the existing record and that a trial court has broad discretion to determine whether a matter should be decided on the merits.

BACKGROUND

¶ 2 On April 9, 2012, Quoc Nguyen was driving a van owned by his employer, Dysart Hotel, and rear-ended a truck driven by Pablo Gonzalez. The…

2Cases cited13 opinions

  1. Daou v. HarrisArizona Supreme Court · 1984
  2. United States v. Angela AguilarCourt of Appeals for the Ninth Circuit · 2015
  3. Richas v. SUPERIOR COURT OF ARIZONA, ETC.Arizona Supreme Court · 1982
  4. Webb v. EricksonArizona Supreme Court · 1982
  5. Moreno v. JonesArizona Supreme Court · 2006

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3Cited by2 opinions

  1. Trisha A. v. Department of Child safety/l.A./l.A.Arizona Supreme Court · 2019
  2. Trisha A. v. Department of Child safety/l.A./l.A.Arizona Supreme Court · 2019

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