CALIFORNIA FAMILY LAW
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Procedure After Trial/Hearing
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Attack on Judgments/Orders
.........Lack of Timely Service
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Party who did not have actual notice in time to defend action may apply for relief from default.
Relief under Code Civ. Proc. §473.5 may be granted on just terms, if lack of notice did not result from avoidance of service or inexcusable neglect.
Relief granted in default judgment in excess of prayer is a nullity and not res judicata. May be attacked collaterally.
Application for relief under Code Civ. Proc. §473.5 must be filed timely.
Code Civ. Proc. §473.5 does not govern case in which default is procured on fraudulent return of service of summons.