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 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.