CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Motion to Vacate (Not CCP §473)
............Fam. Code §2120 et seq.
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Grounds for setting aside family law judgments.

There is no presumption of undue influence in marital settlement agreements reached as a result of mediation.

FC 2120 et seq. take precedence over FC 1101 when party seeks to undo prop. div. judg. that ••adjudicated•• specific assets/liabs., but have ••no•• effect when determining c/p interests in assets/liabs. ••unadjudicated•• or ••omitted•• from judg.

H didn't bear BOP on W's motion to set aside mediation-based MSA where W refused to waive privilege; presumption of undue influence in marital transactions must yield to policies favoring mediation and finality of judgments.

MSA and judgment properly set aside based on H's unilateral mistake of fact as to number and value of W's pension plans; W had duty to provide information.

H failed to show W’s action to set aside 5 yr. old disso judgment on fraud and perjury barred by SOL or res judicata.

Fam. Code §2120 et seq. are designed for seeking relief in trial ct., they do not extend the time to appeal from underlying judgment.

Refusal to set aside stipulated judgment no abuse of discretion where W failed to establish any of exclusive statutory bases for relief, or that judgment inequitable for her; attorney negligence not a basis for relief.

Failure of spouse to disclose existence or value of community assets constitutes basis for setting aside judgment on grounds of mistake under Fam. Code §2122.