CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Motion to Vacate (Not CCP §473)
............Time Limitations
7 Cards On This Topic:
  • Two year delay not unreasonable when: W suffering chronic depression; negotiation involving series of attorneys occurred during period; and no prejudice shown due to delay.
  • The defense of laches fails unless both unreasonable delay and detriment to the other party are found; doctrine not strictly applied between near relatives.
  • H failed to show W's action to set aside 5 yr. old disso judgment on fraud and perjury grounds barred by SOL or res judicata.
  • Reasonable diligence must be shown by moving party for successful motion to vacate.
  • Motion to vacate for extrinsic fraud must not be granted if party guilty of laches or inexcusable neglect.
  • Motion to vacate judgment due to extrinsic fraud must be filed within reasonable time.
  • Cases dealing with time limitations.