Legal Question in Wills and Trusts in California

What is a Default Prove Up hearing? This case has been going on for almost 5 years in Probate, LA County courtroom. The judge decided that since I missed a court date (I admitted it was my fault, I had put that court appearence on a different date). He then sanctioned me for X amount of dollars, continued the case as scheduled. Two days later he declared a Default Prove Up hearing, gave me thirty days to pay the sanction, then allowed the other side's attorney to present his case. I was muted (remote appearence). After the judge and attorney clarified a few pieces of evidence the judge set a date in April, 2022 to be specific as to his calculations regarding dollar amounts. The judge pronounced we were done and aat this point yelling into the phone that I wanted to contest all the evidence and at least present something from my side. No response and then I heard a click and I was disconnected. I called back immediately, put on hold for 55 minutes and then told my case had ended. What happened? Anybody know of or experienced a efault Prove Up Hearing?


Asked on 4/04/22, 5:47 pm

1 Answer from Attorneys

A default prove-up hearing happens when one party has failed to comply with the requirements to contest the case and has been declared to be in default. At that point, unless that party can convince the court that there are legal grounds to set aside the default, that party no longer has any rights to participate in the case. There is not enough information in your question, and it would probably require a deep dive into the case file, to understand why you were in default. But at some point you were declared in default and that default was never set aside. At that point, all there is for the other side to do is present the judge with the basic evidence in support of their side, and if it meets the legal minimum to support their position, they win. Any right or opportunity to present your case or contest theirs was gone when you defaulted on whatever you defaulted on. Case closed.

Read more
Answered on 4/05/22, 11:17 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California