CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Motion to Vacate (Not CCP §473)
............For Mistake of Fact or Law
8 Cards On This Topic:
  • Mistake may be either of fact or law.
  • Mistake of fact defined.
  • Mistake of law defined.
  • Failure to make reasonable inquiry to ascertain or effort to understand the meaning and content of the contract precludes rescission for unilateral mistake of fact.
  • Extrinsic mistake distinguished from extrinsic fraud.
  • Default judgment properly set aside where H failed to comply with the statutory disclosure requirements.
  • Failure to review documents produced in discovery does not constitute mistake.
  • Motion to vacate for mistake of fact or law.