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 (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.