CALIFORNIA FAMILY LAW
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Procedure After Trial/Hearing
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Attack on Judgments/Orders
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Motion to Vacate (CCP §473)
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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).