Chapter 10 - Relief From Judgment

California Family Code — §§ 2120-2129

Sections (10)

Added by Stats. 1993, Ch. 219, Sec. 108. Effective January 1, 1994.

The Legislature finds and declares the following:

(a)The State of California has a strong policy of ensuring the division of community and quasi-community property in the dissolution of a marriage as set forth in Division 7 (commencing with Section 2500), and of providing for fair and sufficient child and spousal support awards. These policy goals can only be implemented with full disclosure of community, quasi-community, and separate assets, liabilities, income, and expenses, as provided in Chapter 9 (commencing with Section 2100), and decisions freely and knowingly made.

(b)It occasionally happens that the division of property or the award of support, whether made as a result of agreement or trial, is inequitable when made due to the nondisclosure or other misconduct of one of the parties.

(c)The public policy of assuring finality of judgments must be balanced against the public interest in ensuring

proper division of marital property, in ensuring sufficient support awards, and in deterring misconduct.

(d)The law governing the circumstances under which a judgment can be set aside, after the time for relief under Section 473 of the Code of Civil Procedure has passed, has been the subject of considerable confusion which has led to increased litigation and unpredictable and inconsistent decisions at the trial and appellate levels.

§ 2121

Added by Stats. 1993, Ch. 219, Sec. 108. Effective January 1, 1994.

(a)In proceedings for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court may, on any terms that may be just, relieve a spouse from a judgment, or any part or parts thereof, adjudicating support or division of property, after the six-month time limit of Section 473 of the Code of Civil Procedure has run, based on the grounds, and within the time limits, provided in this chapter.

(b)In all proceedings under this chapter, before granting relief, the court shall find that the facts alleged as the grounds for relief materially affected the original outcome and that the moving party would materially benefit from the granting of the relief.

§ 2122

Amended by Stats. 2001, Ch. 703, Sec. 7. Effective January 1, 2002.

The grounds and time limits for a motion to set aside a judgment, or any part or parts thereof, are governed by this section and shall be one of the following:

(a)Actual fraud where the defrauded party was kept in ignorance or in some other manner was fraudulently prevented from fully participating in the proceeding. An action or motion based on fraud shall be brought within one year after the date on which the complaining party either did discover, or should have discovered, the fraud.

(b)Perjury. An action or motion based on perjury in the preliminary or final declaration of disclosure, the waiver of the final declaration of disclosure, or in the current income and expense statement shall be brought within one year after the date on which the complaining party either did discover, or should have discovered, the perjury.

(c)Duress. An action or motion based upon duress shall be brought within two

years after the date of entry of judgment.

(d)Mental incapacity. An action or motion based on mental incapacity shall be brought within two years after the date of entry of judgment.

(e)As to stipulated or uncontested judgments or that part of a judgment stipulated to by the parties, mistake, either mutual or unilateral, whether mistake of law or mistake of fact. An action or motion based on mistake shall be brought within one year after the date of entry of judgment.

(f)Failure to comply with the disclosure requirements of Chapter 9 (commencing with Section 2100). An action or motion based on failure to comply with the disclosure requirements shall be brought within one year after the date on which the complaining party either discovered, or should have discovered, the failure to comply.

§ 2123

Added by Stats. 1993, Ch. 219, Sec. 108. Effective January 1, 1994.

Notwithstanding any other provision of this chapter, or any other law, a judgment may not be set aside simply because the court finds that it was inequitable when made, nor simply because subsequent circumstances caused the division of assets or liabilities to become inequitable, or the support to become inadequate.

§ 2124

Amended by Stats. 2019, Ch. 115, Sec. 21. (AB 1817) Effective January 1, 2020.

The negligence of an attorney shall not be imputed to a client to bar an order setting aside a judgment, unless the court finds that the client knew, or should have known, of the attorney’s negligence and unreasonably failed to self-protect.

§ 2125

Amended (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 1101, Sec. 16. Effective October 11, 1993. Operative January 1, 1994, by Sec. 18 of Ch. 1101.

When ruling on an action or motion to set aside a judgment, the court shall set aside only those provisions materially affected by the circumstances leading to the court’s decision to grant relief. However, the court has discretion to set aside the entire judgment, if necessary, for equitable considerations.

§ 2126

Added by Stats. 1993, Ch. 219, Sec. 108. Effective January 1, 1994.

As to assets or liabilities for which a judgment or part of a judgment is set aside, the date of valuation shall be subject to equitable considerations. The court shall equally divide the asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division.

§ 2127

Amended (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 1101, Sec. 17. Effective October 11, 1993. Operative January 1, 1994, by Sec. 18 of Ch. 1101.

As to actions or motions filed under this chapter, if a timely request is made, the court shall render a statement of decision where the court has resolved controverted factual evidence.

§ 2128

Added by Stats. 1993, Ch. 219, Sec. 108. Effective January 1, 1994.

(a)Nothing in this chapter prohibits a party from seeking relief under Section 2556.

(b)Nothing in this chapter changes existing law with respect to contract remedies where the contract has not been merged or incorporated into a judgment.

(c)Nothing in this chapter is intended to restrict a family law court from acting as a court of equity.

(d)Nothing in this chapter is intended to limit existing law with respect to the modification or enforcement of support orders.

(e)Nothing in this chapter affects the rights of a bona fide lessee, purchaser, or encumbrancer for value of real property.

§ 2129

Added by Stats. 1993, Ch. 219, Sec. 108. Effective January 1, 1994.

This chapter applies to judgments entered on or after January 1, 1993.