CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Motion to Vacate (CCP §473)
............Statutory Authority
4 Cards On This Topic:
  • Party may be relieved of judgment or order if it was taken against him/her through his/her mistake, inadvertence, surprise or excusable neglect.
  • When application for relief under Code Civ. Proc. §473 is based on attorney's error, court shall grant such relief and order attorney to pay fees and costs to opposition.
  • Application for relief under Code Civ. Proc. §473 must be accompanied by copy of pleading to be filed.
  • Court may order fine, penalty or other punishment against defaulting party or offending attorney, but may not condition relief on payment (when attorney is at fault).