SECTIONS 2120-2129 - California Statutes

FAMILY.CODE

SECTION 2120-2129

2120. 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. (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. 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. 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. 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 protect himself or herself.

2125. 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. 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. 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. (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. This chapter applies to judgments entered on or after January
1, 1993.