![]() |
|
![]() | ||
|
Subject:
Civil Procedure-California
Category: Relationships and Society > Law Asked by: walkman2-ga List Price: $8.00 |
Posted:
21 Dec 2004 14:54 PST
Expires: 23 Dec 2004 05:41 PST Question ID: 445722 |
What is the procedural equivalent in California of Rule 60(b) of the Federal Rules of Civil Procedure (motion to vacate judgment for fraud on the court)? |
![]() | ||
|
There is no answer at this time. |
![]() | ||
|
Subject:
Re: Civil Procedure-California
From: ipfan-ga on 22 Dec 2004 12:43 PST |
Try California Code of Civil Procedure Section 473(b): "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. . . ." http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=469-475 I note that unlike FRCP 60(b), fraud is not specifically enumerated here as a grounds for relief. |
Subject:
Re: Civil Procedure-California
From: walkman2-ga on 22 Dec 2004 15:10 PST |
Thanks for the guidance. I found what I need in the following: "After six months when relief is no longer available under section 473 of the Code of Civil Procedure for mistake, inadvertence, surprise, or excusable neglect, an otherwise valid judgment may only be set aside for extrinsic fraud or mistake." In re Marriage of Melton, 28 Cal.App.4th 931, 33 Cal.Rptr.2d 761 (Cal.App. Dist.6 08/31/1994)." Thank you. |
If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you. |
Search Google Answers for |
Google Home - Answers FAQ - Terms of Service - Privacy Policy |