CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Lack of Timely Service
5 Cards On This Topic:
  • Party who did not have actual notice in time to defend action may apply for relief from default.
  • Relief under Code Civ. Proc. §473.5 may be granted on just terms, if lack of notice did not result from avoidance of service or inexcusable neglect.
  • Relief granted in default judgment in excess of prayer is a nullity and not res judicata. May be attacked collaterally.
  • Application for relief under Code Civ. Proc. §473.5 must be filed timely.
  • Code Civ. Proc. §473.5 does not govern case in which default is procured on fraudulent return of service of summons.