Trial and Hearing Procedures Flashcards
(132 cards)
1
Q
Parties must exchange ______ to be relied upon in advance. The court may decline to consider if not provided under this rule.
A
documentary evidence
CRC Rule 5.98(b)
2
Q
The following do not count towards page limits of declarations: ____
A
(1) Judicial Council forms;
(2) I&E;
(3) Financial statement;
(4) Property declaration;
(5) exhibits; and
(6) P&A
CRC Rule 5.112.1
3
Q
Under Fam. Code 217, absent stipulation or good cause, the court must receive any ______ that is relevant and within the scope of the hearing.
A
live, competent, and admissible testimony
CRC Rule 5.113
4
Q
Contents of an ordered brief must include: _____.
A
(1) Statistical facts and any disputes about statistical facts (i.e. DOM, DOS);
(2) Brief summary of the case;
(3) Issues to be resolved at trial;
(4) Statement of any expert report to be offered at trial;
(5) Witnesses; and
(6) Legal argument
CRC Rule 5.394
5
Q
Briefs require minimum of _____ before the trial or long-cause hearing.
A
5 court days
6
Q
The RFO must set forth facts sufficient to notify the other party of the ____. When seeking support or fees, the moving party must file an I&E with the RFO.
A
moving party’s contentions
CRC 5.92(b)
7
Q
No abuse of discretion for the court to dismiss and RFO to modify support when ______ was filed.
A
no current I&E
Marriage of Tydlaska (2003) 114 Cal.App.4th 572
8
Q
The declaration for a mod of support must include specific facts demonstrating a ______.
A
change in circumstances
CRC 5.260(c)
9
Q
New law applies on the operated date to all matters governed by the new law, regardless of whether an event occurred or circumstance existed before, on, or after the operated date including commencement of a proceeding UNLESS application of the new law would substantially ______ or the rights of the parties.
A
interfere with effective conduct of the proceedings
Fam. Code 4
10
Q
Code 4 was intended to change the rule against _____.
A
retroactive application
Marriage of Fellows (2006) 39 Cal.4th 179
11
Q
Motion to compel deposition improper where it lacked all the pleadings/papers, was filed more than _____, and only 15 days before hearing.
A
60 days after set depo
Weinstein v. Blumberg (2018) 25 Cal.App.5th 316
12
Q
Unless otherwise ordered, all moving and supporting papers shall be served and filed at least ______ before the hearing. All papers opposing or responding to a moving paper shall be served and filed at least _____ before the hearing. All reply papers shall be served and filed at least _____ before the hearing.
A
16 court days
9 court days
5 court days
CCP 1005(b)
13
Q
Must add ____ for fax or overnight delivery, add _____ if mailed within CA, add ______ if mailed outside CA, and _____ if mailed outside US
A
2 days
5 calendar days
10 calendar days
20 days
14
Q
A motion is deemed made and pending upon _____ and filing of notice of the motion.
A
due service
CCP 1005.5
15
Q
Notice of motion must be _____ AND must include all papers upon which it is to be based (I&E, P&A, Declaration, Exhibits, etc.).
A
in writing
CCP 1010
16
Q
Motions regarding deposition (i.e. motion to compel) shall be made no later than ______, and shall be accompanied by a _____.
A
60 days after the completion of the record of the deposition
meet and confer declaration
CCP 2025.480(b)
17
Q
Ex parte orders made to: (1) prevent ______ to a party or the children; (2) prevent immediate _____ subject to disposition; and (3) procedural matters including shortening time, shortening or extending service, or to reschedule a hearing.
A
immediate danger or irreparable harm
loss or damage to property
CRC Rule 5.151(b)
18
Q
Ex parte requires: ______
A
(1) FL 300;
(2) when relevant FL 150;
(3) FL 305;
(4) written declaration;
(5) FL 303 (service); and
(6) MPA if required by court
CRC Rule 5.151(c)
19
Q
When a peremptory challenge is filed in a later-filed action, the underlying family law court is not ______ the original case.
A
disqualified from hearing
Rothstein v. Superior Court (2016) 3. Cal.App.5th 424
20
Q
Peremptory challenge of a bench officer if believed he/she cannot have a ______ before the bench officer.
A
fair and impartial trial or hearing
CCP 170.6
21
Q
In civil, must file a 170.6 within ____ of bench officer assigned to case for all purposes, or within ____ if not yet appeared.
A
15 days after notice
15 days after the appearance
22
Q
A disqualified bench officer may hear and decide _____.
A
purely default matters
Yolo County CSSD v. Myers (2016) 248 Cal.App.4th 42
23
Q
A private Pro Tem cannot ignore a ____. Due to private Pro Tem’s failure to disclose “professional” relationships with attorneys in the case, the 664.6 agreement could not be enforced because the agreement was tainted by the void rulings of a _____, all in favor of the other party.
A
challenge for cause
disqualified Pro Tem
Hayward v. Superior Court (2016) 2 Cal.App.5th 10
24
Q
If parties stipulate to settlement of the case in writing, the court may, upon motion, enter ______.
A
judgment pursuant to terms of the settlement
CCP 664.6
25
The failure of a private Pro Tem to comply with ethical obligation to disclose work for one party’s attorney in another case after proceedings have begun is ______. 170.1 challenge granted vacates all orders back to date of original 170.1 challenge.
grounds for disqualification
Jolie v. Superior Court (2021) 66 Cal.App.5th 1025
26
Disqualification of a judge based upon connection to any party or attorney outside of the proceeding including knowledge of the disputed evidentiary facts and/or represented one of the parties or attorneys and/or is ______
related within third degree, etc.
CCP 170.1
27
Stipulation to a commissioner must be _____, and it is not a mere formality.
revealed on the record
Michaels v. Turk (2015) 239 Cal.App.4th 1411
28
On stipulation of the parties litigant the court may order a cause to be tried by a _____ who is a member of the State Bar, sworn and empowered to act until final determination of the cause.
temporary judge
Cal. Const. Art. VI, Sec. 21
29
The Tantamount Stipulation Doctrine sets forth that a party’s appearance and participation in a proceeding by a commissioner (shown by the record) rebuts the _____.
necessity of an express stipulation
Elena S. v. Kroutik (2016) 247 Cal.App.4th 570
30
The Tantamount Stipulation Doctrine only applies if there is a record demonstrating ______. If there is no record, then the commissioner ______, and all orders would be rendered void.
a party’s consent
lacks authority to act
Marriage of Djulus (2017) 10 Cal.App.5th 1042
31
Automatic temporary restraining orders: (1) restraining both parties from removing _____ of the parties; (2) restraining both parties from transferring, encumbering, hypothecating, concealing, or in an way _______, whether community, quasi-community, or separate, without the written consent of the other party or order of the court EXCEPT in the usual course of business or for the necessities of life or to pay reasonable attorney’s fees; (3) restraining both parties from cashing, borrowing against, canceling, transferring, disposing of, or changing the _______, held for the benefit of the parties and their children; and (4) restraining both parties from creating a _____ in a manner that affects the disposition of property subject to the transfer.
minor child or children
disposing of, any property, real or personal
beneficiaries of insurance or other coverage, including life, health, automobile, and disability
nonprobate transfer or modifying a nonprobate transfer
Fam. Code 2040
32
From DOS to the date of distribution of assets/debts, each party is subject to the standards in Fam. Code 721 including: (1) the accurate and complete ______ in which the party has or may have an interest or obligation and all current earnings, accumulation and expenses including an immediate update or augmentation to the extent there have been material changes; (2) accurate and complete written disclosure of any _______ after DOS; and (3) the operation or management of a ______ in which the community may have an interest.
disclosure of all assets and liabilities
investment opportunity, business opportunity, or other income producing opportunity that presents itself
business or an interest in a business
Fam. Code 2102
33
ATROs terminate when ______.
final order is entered
Marriage of Sorge (2012) 202 Cal.App.4th 626
34
Each party shall serve on the other a preliminary declaration of disclosure under penalty of perjury, which shall include: (1) identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of characterization; (2) declarant’s percentage of ownership in each; and (3) completed income and expense declaration. PDDs shall be served as follows: Petitioner within ______ and Respondent within _____.
60 days of filing the petition
60 days of filing the response
Fam. Code 2104
35
Each party shall serve on the other a final declaration of disclosure under penalty of perjury, which shall include: (1) material facts regarding characterization of assets/liabilities; (2) material facts regarding value of CP assets/liabilities; and (3) material facts regarding income and expenses. Must be served before or at the time the parties _______ or no later than ____ before the first assigned trial date.
enter into an agreement for settlement
45 days
Fam. Code 2105
36
If a party fails to serve preliminary or final disclosures, the complying party may make a formal demand. If a party still fails to serve, the complying party may file a ______. A judgment may not be set aside by the non complying party if waived by the complying party under this code.
motion to compel,
file for evidentiary sanctions,
motion to waive receipt of non complying party’s disclosures,
and/or monetary sanctions
Fam. Code 2107
37
Upon a noticed motion, the court may sever and grant an early and separate trial on the issue of ______ apart from other issues.
dissolution of status
Family Code 2337
38
Requirements for bifurcated trial of status
(1) noticed motion and
(2) PDDs or stipulation to defer PDDs.
39
Standard conditions of bifurcated trial on status
(1) tax indemnification;
(2) healthcare coverage;
(3) probate homestead and family allowance;
(4) retirement benefit indemnity;
(5) social security indemnity;
(6) beneficiary of nonprobate transfer;
(7) assignment/transfer of CP interest in IRA;
(8) other security interest to protect loss of pension interest; and
(9) other conditions.
40
Court may bifurcate one or more issues to be tried separately before other issues are tried including: (1) validity of _____; (2) date of separation; (3) date to use for valuation of assets; (4) whether property is ____; (5) how to apportion increase in value of a business; (6) existence or value of business or professional goodwill; (7) termination of status; (8) child custody and visitation; (9) support; (10) fees; (11) division of property/debts; (12) _____; or (13) other specific issues to a family law case.
prenuptial/post-nuptial
SP or CP
reimbursement claims
CRC 5.390
41
Not abuse of discretion to deny a continuance and precluding from offering evidence or testimony at trial where party fails to participate in mandatory _____, and orally requests a continuance day 1 of trial because the party failed to _____ until only days before trial began. Court found that granting a continuance motion without any written supportive evidence violates CRC 3.1332(b).
pretrial exchange of exhibits/witnesses
hire new counsel
Reales Investment, LLC v. Johnson (2020) 55 Cal.App.5th 463
42
A party may only request a continuance of trial by ______, as soon as reasonably practical once the necessity for continuance is discovered, and requires an affirmative showing of _____ with supporting declarations.
motion or application
good cause
CRC 3.1332
43
Trial court erred when it set aside the protective orders without determining whether the sealed documents were used at trial or submitted as a basis for _____ (other than discovery motions or proceedings).
adjudication of matters
Marriage of Tamir (2021) 72 Cal.App.5th 1068
44
Court records presumed to be “open to the public unless they are specifically ______ or are protected by the court itself due to the _____.”
exempted from disclosure by statute
necessity of confidentiality
Overstock, Inc. v. Goldman Sachs Group, Inc. (2014) 231 Cal.App.4th 471
45
There is a _____ of access to court proceedings and documents.
Constitutional right (via 1st Amend.)
NBC Subsidiary, Inc. v. Superior Court (1999) 20 Cal.4th 1178
46
Test for Sealing under CRC 2.550(d)
(1) overriding interest in protecting against right to public access;
(2) overriding interest supports sealing of records;
(3) substantial probability of prejudice to overriding interest;
(4) any sealing order is narrowly tailored; and
(5) no less restrictive means exist to achieve the overriding interest.
47
Application under 2.550(a)(3)
Applies to discovery materials “used at trial or submitted as a basis for adjudication.”
48
Not required for the ______ to unseal the file.
same judge who sealed
Marriage of Nicholas (2010) 186 Cal.App.4th 1566
49
(1) Undisclosed exhibit;
(2) undisclosed witness;
(3) scope or nature of expert opinion;
(4) evidence collected by eavesdropping in violation of Penal Code 630 et. seq.;
(5) valuation date testimony;
(6) evidence barred by discovery rules; and
(7) evidence barred by sanction order.
Motion in Limine Examples
50
The trial court erred in estopping H from challenging the validity of W’s previous marriage and denying H’s request for nullity based upon a claim that a third party cannot challenge a prior divorce when they _____, where H was not a party to the prior divorce, had not procured or assisted in procuring it, and did not have full knowledge of circumstances of decree.
relied on the same in getting married
Marriage of Kalinawan (2017) 15 Cal.App.5th 1265
51
Mathematical precision is not required for valuation (or other expert testimony) BUT must be supported by _____.
reliable data not speculation
The court found the expert’s use of 1 year worth of profits to speculate about the next 5 years was not supported.
Sargon Enterprises, Inc. v. U.S.C. (2012) 55 Cal.4th 747
52
H’s expert’s use of a new tracing method (not direct or exhaustive) was appropriate because even if new, it was _____.
reasonable and understandable to the court
Marriage of Ciprari (2019) 32 Cal.App.5th 83
53
Expert may rely on inadmissible hearsay but may not _____ otherwise inadmissible hearsay.
relay as true
People v. Sanchez (2016) 63 Cal.4th 665
54
Expert may rely on hearsay, whether or not admissible, if it is of a type that _______ in forming an opinion upon the subject to which his/her testimony relates.
is reasonably may be relied upon
Evid. Code 801(b)
55
Sanchez: Expert can interpret X-rays/photos because not hearsay as they are _____.
not statements by a person
56
Sanchez: May rely on statements in reports but not ____ in a report.
relate hearsay
57
Minor’s counsel making recommendations about custody while relying on hearsay is appropriate, with or without stipulation. The recommendation is seen as ______.
advocacy of the child
Ramsden v. Peterson (2022) 76 Cal.App.5th 339
58
Even if Sanchez error, appellant must demonstrate _____.
a miscarriage of justice
People v. Navarro (2021) 12 Cal.5th 285
59
The trial court erred by now allowing x-exam of expert regarding publication expert did not rely upon because Evid. Code 721(b)(3) allows x-exam if the publication has been _______ but there was no prejudicial error.
established as reliable authority
Paige v. Safeway, Inc. (2022) 74 Cal.App.5th 1108
60
May x-exam an expert about a publication if: (1) the expert relied on the publication; (2) the publication has been ______; or (3) the publication has been established as _____ by testimony or evidence of the expert, another expert, or by judicial notice. If admitted, may be read into evidence but not received as exhibit.
admitted into evidence
reliable authority
Evid. Code 721(b)
61
The court must, in every stage of an action, disregard any error, improper ruling, instruction, or defect, in the proceeding or pleadings, if the error does not ______. There is no presumption an error is _____.
affect the substantial rights of the parties
prejudicial
CCP 475
62
“Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by email or fax, and every other means of recording upon any tangible thing, regardless of manner in which the record is stored.
Evid. Code 250
63
Anonymous letters and etchings on bullets both are _____.
writings
People v. Flinner (2020) 10 Cal.5th 686
64
The evidence code does not limit the means for authentication of a writing.
Evid. Code 1410
65
Authentication can be made by the contents of the writing, the ______, or by other circumstantial evidence.
location the writing was found
People v. Olguin (1994) 31 Cal.App.1355
66
Authentication proper where prima facie case showing messages were what they claimed to be (even if from a fake FB page or random phone number) due to the _____.
content of the messages and testimony of the defendant
People v. Cruz (2020) 46 Cal.App.5th 715
67
Testimony of an expert not designated as an expert is strictly limited to _____. Proper impeachment challenges the truth of facts relied upon by the other expert. Impeachment testimony is not an opportunity to _______ but to challenge the foundational facts supporting the other expert.
impeachment testimony
present a contrary opinion
Pina v. County of Los Angeles
68
The court shall exclude an expert opinion of an party who fails to: _____.
(1) list that witness as an expert under section 2034.260;
(2) submit an expert witness declaration; or
(3) produce reports and writings of expert witness under section 2034.270
CCP 2034.300
69
All parties shall exchange info concerning expert witnesses in writing ______ in the demand. Exchange shall include name and address of expert intending to offer at trial OR statement they do not intend to offer it.
on or before the date of exchange specified
CCP 2034.260
70
If demand for exchange is made, all parties shall produce all _____, if any, made by any designated expert.
discoverable reports and writings
CCP 2034.270
71
A party may call an expert not designated if: (1) expert has been _____; or (2) expert is called to impeach including falsity or nonexistence of any fact used as the foundation for any _____, but may not contradict that opinion.
designated by another party and deposed
opinion by any other party’s expert
CCP 2034.310(b)
72
Absent stipulation of the parties or a finding of good cause, the court shall receive any live, competent testimony that is relevant and within the scope of the hearing. If the court refuses, it must state its ______. If any witnesses beyond parties, the parties shall prior to the hearing, file and serve a witness list.
good cause reasons for the finding on the record or in writing
Fam. Code 217
73
Parties are entitled to a full evidentiary hearing and ______ are not sufficient.
unreported in chambers conferences
Marriage of Dunn (2002) 103 Cal.App.4th 345
74
Finding that a county rule to hold abbreviated proceedings based solely on declaration (and only allowing testimony of witnesses under direct examination upon “unusual circumstances”) was _____.
unlawful
Elkins v. Superior Court (2007) 41 Cal.4th 1337
75
An a priori (assumption) preclusion of oral testimony is an ____. The courts MUST exercise discretion if it is going to rely on ____.
abuse of discretion
declarations
Alan S. Jr. v. Superior Court (Mary T.) (2009) 172 Cal.App.4th 238
76
At the end of moving party’s case in chief without waiving of right to defend or present case, any party may _____. The court shall weigh all the evidence in deciding. The losing party may move for a new trial. This is not available in a jury trial.
move for a judgment
CCP 631.8
77
After the moving party has completed his/her opening statement (in either court or jury trial), or after presentation of evidence in a jury trial, the other party, without waiving right to offer evidence, may _____.
move for a judgment of nonsuit
CCP 581c
78
Trial court is required to assume that all relevant evidence offer by ____. The court shall not weigh the credibility of the witnesses, or weigh the evidence.
plaintiff is true and all reasonable inferences or thoughts are to be resolved in plaintiff’s favor
Estate of Pack (1965) 233 Cal.App.2d 74
79
Nonsuit allowed in bench trials but only after opening statement however granting a nonsuit after opening statements _____.
is disfavored
Lingenfelter v. County of Fresno (2007) 154 Cal.App.4th 198
80
Motion to Reopen Case in Chief
May be made after court announces tentative decision, and typically involves important new facts. The movant must explain why the new facts were not previously introduced.
81
A tactical decision not to introduce evidence during case in chief is ______
not sufficient to reopen case in chief.
Rosenfeld, Meyer & Susman v. Cohen (1987) 191 Cal.App.3d 1035
82
The trial court should have reopened the case so the parties could present evidence readily available as to the principal reductions of an SP property _____. The court found that both spouses had an equal interest in ensuring the court had sufficient _____, which result advances the public policy of favoring a reduction in adversarial nature of divorces.
paid with CP
information for the CP (joint) interest
Marriage of Ramsey & Holmes (2021) 67 Cal.App.5th 1043
83
A judgment or decree, when based upon a decision by the court, may be set aside and vacated by the same court, and another different judgment entered if: _____.
(1) incorrect or erroneous legal basis for the decision not consistent with the facts; or
(2) judgment or decree not consistent with or not supported by a special verdict
CCP 663
84
A motion to set aside and vacate must be made (1) after the decision is rendered and before the entry of judgment; or (2) within ____ of the date of mailing of notice of entry of judgment or service upon him or her by written notice, OR within _____ after entry of judgment, whichever is earliest.
15 days
180 days
CCP 663a
85
As to assets or liabilities for which a judgment is set aside, valuation shall be subject to _____. The court shall equally divide, unless the court finds upon good cause shown that the interests of justice require an unequal division.
equitable considerations
Fam. Code 2126
86
Upon application within _____ upon the party of written notice of entry of order, and upon new or different facts, circumstances, or law, a party may move the court to reconsider the matter and modify, amend, or revoke the prior order.
10 days after service
CCP 1008(a)
87
The court shall issue a statement of decision upon the request of any party within ____ after the court announces a tentative decision, or made prior to submission of matter if trial concludes within ____ or less than 8 hours over more than one day.
10 days
1 calendar day
CCP 632
88
Within ____ after announcement or service of tentative decisions, whichever is later, any party that appeared at trial may request a statement of decision.
10 days
CRC 3.1590(d)
89
Fam. Code 3654 does not require a statement of decision to be ____.
in writing
Marriage of Furie (2017) 16 Cal.App.5th 816
90
At request of either party, an order ______ shall include a statement of decision.
modifying, terminating, or setting aside a support order
Fam. Code 3654
91
An “intended decision” with error of fact or law cannot be relied upon on appeal because the judgment and statement of decision would give the court the ability to rectify said error. Without a statement of decision explaining the court’s reliance for orders, the _____.
judgment must prevail
Marriage of Ditto (1988) 206 Cal.App.3d 646
92
Reasons for Motion for Mistrial
(1) trial court unable to complete trial;
(2) court order preventing fair trial;
(3) attorney misconduct (must be prejudicially damaging); or
(4) willfully concealing evidence or using illegally obtained evidence.
93
New trial may be granted based upon: (1) irregularity in proceedings resulting in ____; (2) misconduct of the jury; (3) accident or surprise, which ordinary prudence could not have been guarded against; (4) newly _____; (5) excessive or inadequate damages; or (7) error in law.
unfair trial
discovery evidence
CCP 657
94
Motion for New Trial must be filed within ____ of the date of mailing notice of entry of judgment or within _____ of service upon him or her by any party of written notice, or within _____ after entry of judgment, whichever is earliest.
15 days
15 days
180 days
CCP 659
95
Within 10 days after filing notice of intention to move for new trial, the moving party must serve and file ____, and within 10 days thereafter any adverse party may serve and file a ____.
P&A’s
P&As in reply
CRC 3.1600
96
The court must rule on the motion for new trial within ____ or it is deemed denied.
75 days
CCP 660
97
Motion for entry of judgment based on a signed stipulation out of court, or oral recitation before the court but there is limited authority to determine the terms.
CCP 664.6
98
The judgment entered cannot be different from or go beyond the _____.
terms of the stipulation
Machado v. Myers (2019) 39 Cal.App.5th 779
99
664.6 provides efficient and certain manner in which to enforce a settlement agreement so long as _____.
requirements are met
Marriage of Woolsey (2013) 220 Cal.App.4th 881
100
A petition for divorce shall not be dismissed if: _____
(1) order for child support, or order for custody/visitation in effect;
(2) order for spousal support in effect;
(3) DVRO in effect;
(4) an issue has been bifurcated and a separate trial has been conducted pursuant to FC 2337 or the CRC.
CCP 583.161
101
When actions involving a ______ are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions.
common question of law or fact
CCP 1048
102
Courts encourage _____ so as to allow issues which could not be raised in the dissolution action nevertheless to be heard concurrently.
consolidation
Marriage of McNeill (1984) 160 Cal.App.3d 555
103
A trial court may enter a preliminary injunction restraining a judgment creditor of one spouse from _____ under Fam. Code 2045, et. seq. (previously CCP 4359 and 527)
executing on community property involved in a marital dissolution proceeding
Marriage of Van Hook (1983) 147 Cal.app.3d 976
104
The court may issue an _____ any person from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal.
ex parte order restraining
Fam. Code 2045
105
Court may _____ for the purpose of enforcing discovery.
join 3rd party
Marriage of Schnabel (1993) 5 Cal.App.4th 704
106
The relief granted to the plaintiff, if there is no answer, cannot _____.
exceed that demanded in the complaint
CCP 580(a)
107
Default judgments cannot exceed the relief as stated in the complaint. “Or such other relief as the court deems just” is not sufficient to give adequate notice.
Sass v. Cohen (2020) 10 Cal.5th 861
108
No exception of CCP 580 to divorce cases.
Petitioner failed to check the child support box and default for child support was reversed. This was addressed by the form being modified to automatically include child support.
Marriage of Lippel (1990) 51 Cal.3d 1160
109
Ex parte temporary orders can be issued without notice BUT issuance of a permanent order requires _____, especially when facing risk of contempt.
adequate notice or waiver of notice
D.Z. v. L.B. (2022) 79 Cal.App.5th 625
110
The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her ______.
mistake,
inadvertence,
surprise, or
excusable neglect
CCP 473(b)
111
Generally, a court must grant a set aside based upon _____ that includes an affidavit by the attorney, attaches a proposed responsive pleading, and is brought no later than 6 months after entry of judgment.
attorney’s mistake
Marriage of Hock & Gordon-Hock (2000) 80 Cal.App.4th 1438
112
If motion to set aside is granted, the court may ______.
award costs and fees
Marriage of Helsel (1988) 198 Cal.App.3d 332
113
Motion to set aside may be denied if counsel _____.
is not credible
Darab N. v. Olivera (2019) 31 Cal.App.5th 1134
114
After six-month period runs, an otherwise valid and final judgment may only be set aside if obtained through _____. An inequitable division of community property, by itself, is insufficient to set aside judgment.
extrinsic, not intrinsic fraud
In re Marriage of Alexander (1989) 212 Cal.App.3d 680
115
State of California has strong policy of _____ in a dissolution. This can only be implemented with full disclosure.
ensuring the division of CP and quasi-CP property
Fam. Code 2120(a)
116
Where the defrauded party was kept in ignorance or in some other manner was fraudulently prevented from ______, motion to set aside must be brought within ____
fully participating in the proceeding
1 year of when the party discovered or should have discovered
117
A spouse’s ______ equates to extrinsic fraud because the fiduciary relationship between spouses does not terminate upon separation but continues until marriage dissolved and property divided.
concealment of the existence of a community asset
Marriage of Modnick (1983) 33 Cal.3d 897
118
Motion to set aside should not be granted where it is shown the party requesting equitable relief has been guilty of ______
inexcusable neglect i.e. wife never attempted to defend case, waited over 16 months after summons to consult counsel, and sought no relief until over a year after default.
Marriage of Stevenot (1984) 154 Cal.App.3d 1051
119
Perjury for motion to set aside within the ______ must be brought within ____ of when the party discovered or should have discovered.
PDD or FDD, the waiver of the FDD, or in the current I&E
1 year
120
Motion to set aside for duress must be brought within ____ after the date of entry of judgment.
2 years
121
Motion to set aside for mental incapacity must be brought within ______ after the date of entry of judgment.
2 years
122
Motion to set aside based upon mistake of law or fact may only be brought as to _____ only, and must be brought within _____ after the date of entry of judgment.
stipulated or uncontested judgments
1 year
123
Motion to set aside for failure to comply with disclosures must be brought within ______ of when the party discovered or should have discovered.
1 year
124
After lapse of 6 months for CCP 473(b), ______.
Fam. Code 2120 et. seq. exclusive remedy
Marriage of Kieturakis (2006) 138 Cal.App.4th 56
125
Upon _____, court must issue statement of decision.
timely request
Fam. Code 2127
126
The court has continuing jurisdiction to divide missed _____. The court shall equally divide the missed assets/liabilities unless finds upon ______ require an unequal division.
assets or obligations
good cause that the interests of justice
Fam. Code 2556
127
_____ does not apply for missed assets under Fam. Code 2556 and the court has continuing jurisdiction.
Res judicata
Marriage of Nassimi (2016) 3 Cal.App.5th 667
128
Fam. Code 2556 imposes _____ to seek to adjudicate omitted or unadjudicated community property after judgment is entered.
no time limit
Marriage of Huntley (2017) 10 Cal.App.5th 1053
129
The court may enter judgment nunc pro tunc based on mistake and inadvertance but not to a date ______.
earlier than when court took evidence on marital status
Fam. Code 2346
130
CA is obliged to give full faith and credit to _____ from another state.
foreign divorce decrees
Fam. Code 2093
131
Absent a stipulation of the parties, a _____ cannot be empowered to make binding factual findings or judicial determinations.
special master
Marriage of Olson (1993) 14 Cal.App.4th 4
132
A party may elect to use a settled statement as the record if they elect it on his or her notice designating the record AND (1) oral proceedings were not ______ OR (2) appellant has an order waiving _____. Must show a (1) there will be substantial savings in cost without _____ or the court; (2) the oral proceedings cannot be transcribed: OR (3) absent fee waiver, he/she is unable to pay for a reporter’s transcript and funds are not available from the Transcript Reimbursement Fund.
reported by a court reporter
his or her court fees and costs
significantly burdening opposing parties
CRC 8.137
