Gonzalez v. NguyenAnnotate this Case
A defendant need not submit additional evidence outside the existing record to establish a “meritorious defense” in a motion to set aside a default judgment under Ariz. R. Civ. P. 60(c) (now 60(b)), and a trial court has broad discretion to determine whether a matter should be decided on the merits.
In the instant case, after a hearing at which Plaintiff presented evidence and Defendants failed to appear, the trial court entered a default judgment. Defendants filed a Rule 60(c) motion to vacate the damage award. The trial court granted the motion on the grounds that the record suggested that the judgment amount was excessive. The court of appeals reversed and reinstated the default damages judgment, concluding that Defendants had no presented a “meritorious defense” to support the motion. The Supreme Court vacated the court of appeals’ decision and affirmed the trial court’s order, holding (1) evidence outside the extant record is unnecessary to establish the meritorious defense supporting the motion to vacate; and (2) although a possibly excessive judgment does not automatically entitle a defendant to vacate a default judgment, the trial court in this case acted within its discretion.