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California Family Code Section 2122

Legal Research Home > California Laws > Family Code > California Family Code Section 2122

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.

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Last modified: March 17, 2014