CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Motion to Vacate (CCP §473)
............Time Limits/Procedural Defects
 12 Cards On This Topic:
  • Application for relief under Code Civ. Proc. §473 must be filed within reasonable time, not exceeding 6 months.
  • Application for relief under Code Civ. Proc. §473 must be accompanied by pleading proposed to be filed.
  • Failure to consider the merits of P's request for relief was prejudicial abuse of discretion — CCP §473(b) motion need not be signed under penalty of perjury and P substantially complied with the attached-pleading requirement.
  • CCP 473 motion must be filed and served within w/in 6 mos to be timely.
  • Court had jurisdiction re CCP 473 relief as F's papers in substantial compliance despite late filing of proposed answer.
  • In Code Civ. Proc. §473 motion relating to judgment based on default, six-month period runs from date of default.
  • When Code Civ. Proc. §473 motion seeks to set aside stipulated judgment, six-month period commences to run from entry of judgment.
  • Failure to file responsive pleading (as supporting document to motion) until expiration of six months not fatal to Code Civ. Proc. §473 motion.
  • Failure to attach proposed pleading or otherwise file same prior to expiration is fatal to Code Civ. Proc. §473 motion.
  • Unexplained delay in filing of more than three months will generally result in denial of Code Civ. Proc. §473 relief.
  • Need to change counsel, and time required to investigate and draft motion, justifies six-month delay in filing motion.
  • Strong public policy favors granting Code Civ. Proc. §473 motions.


    •