When a Court Clerk's Mistake Leads to a Default: Rappleyea v. Campbell (1994)
A $70 filing-fee error led to a $200,000 judgment. The California Supreme Court stepped in.
What Happened
Two Arizona residents were sued in Los Angeles. They chose to represent themselves. A friend who was a lawyer called the court clerk to ask about the filing fee. The clerk said $89. That was the fee for one defendant. Two defendants owed $159.
The clerk's office rejected their answer for the wrong fee. By the time they refiled with the right amount, they were eight days late. The plaintiff had already obtained a default. The plaintiff's lawyer later told them, incorrectly, that they had no right to ask the court for relief. A default judgment of more than $200,000 followed.
What the Supreme Court Decided
The Supreme Court ordered the default set aside. It explained that a court can use its equity power to undo a default even after the six-month statutory deadline has passed. One ground is "extrinsic mistake," meaning circumstances outside the case that unfairly cost a party a hearing on the merits.
The court applied a three-part test:
A meritorious case. A verified answer is usually enough to show this.
A satisfactory excuse for not responding on time. Here, the clerk's error.
Diligence in seeking relief once the default was discovered.
The court added an important point. Diligence and prejudice go together. When the other side suffers little harm, the diligence requirement is easier to meet. Prejudice is especially low when no judgment has yet been entered.
One Caution
The court said self-represented people do not get special treatment. The rules apply equally to everyone.
Rappleyea v. Campbell (1994) 8 Cal.4th 975.
This post is general information, not legal advice.
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