Bellm v. Bellia

In Bellm v. Bellia (1984) 150 Cal. App. 3d 1036, the defendant alleged in his motion to set aside a default judgment that after he was served with the complaint he forgot about the matter because of business pressures during the Christmas season because of the serious illness and eventual death of this father and the recent death of his mother. The trial court declined to relieve defendant from default. The Court of Appeal affirmed, stating: "The only allegations that Bellia made regarding the effect of these factors, however, were that his parents' illnesses and deaths 'were very trying to me' and that business pressures 'caused me to forget about being served with Bellm's complaint.' It was not an abuse of discretion for the trial court to reject these claims as insufficient to justify setting aside the default. The press of business is not a sufficient excuse for failing to respond to service of a summons and complaint. Bellia did not allege that his parents' illnesses occupied any amount of his time or that he was too distraught to think about Bellm's complaint. Denial of relief from the default was perhaps a harsh measure, but Bellia's showing of excuse was not strong enough to require relief as a matter of law." (Ibid.)