CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Motion to Vacate (Not CCP §473)
............Cases Denying Relief
 12 Cards On This Topic:
  • Effect of Fam. Code §2120 et seq.
  • Motion to vacate judgment denied.
  • Settlement whereby W received specific percent of pension calculated in a specific way was final and could not be modified later to the “time rule” based upon mistake or as an omitted asset.
  • Boilerplate language in MSA sufficient to preclude challenge. (Dictum)
  • No error in limiting discovery in motion to set aside postnuptial agreement to facts surrounding execution; no discovery into truthfulness of representations until prima facie case made.
  • Erroneous I&E not a basis to set aside MSA where proper info disclosed.
  • After 6 mos, public policy in favor of finality predominates and judgment will be set aside only for exceptional circumstances, namely, extrinsic fraud or mistake.
  • Nonconsenting ex-wife waives post-disso remedy by agreeing to pay off trust deed H executed during marriage and by failing to seek modification of disso judgment.
  • Judgment will not be set aside for failure to disclose information relating to value so long as existence of asset is disclosed and information relating thereto is available.
  • Once parties file for dissolution, their relationship is an adversary one and they no longer owe a fiduciary duty to each other.
  • If nonoperator spouse accepts other spouse's opinion of value, s/he does so at own peril.
  • Trial ct. exceeded its authority in vacating an order of another judge.


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