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)
............For Duress
6 Cards On This Topic:
Motions to set aside judgment based upon duress shall be brought within 2 years from entry of judgment.
Intimidation of emotionally distraught W by H, and interference with her legal representation, found to be duress and grounds to vacate judgment.
Duress defined.
Duress exists when party has been deprived of his or her free exercise of his or her will.
Duress is valid ground to set aside judgment.
Duress is pressure which deprives a person of contractual volition.