CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Motion to Vacate (CCP §473)
............Evidence/Proof Of Grounds
6 Cards On This Topic:

Trial court cannot set aside judgment under CCP 473 simply because inequitable when made.

Trial court must exercise discretion in ruling on Code Civ. Proc. §473 motion.

Declaration made on information and belief insufficient to support Code Civ. Proc. §473 motion.

When party moves promptly to file motion, only slight evidence is required to justify setting aside default.

Stipulation reached between financially aware H and insecure, financially unaware and emotionally dominated W, may be set aside under Code Civ. Proc. §473.

Moving party in Code Civ. Proc. §473 motion has burden to prove mistake, inadvertence, surprise or excusable neglect by preponderance of evidence.