California Motion-to-Vacate Deadlines
California's primary motion-to-vacate rule is Cal. Code Civ. Proc. 473, 473(d), 663. Ordinary grounds (mistake, inadvertence, surprise, excusable neglect) must generally be raised within 6 months (473(b)). Fraud grounds are more generous in California, and void-judgment attacks have no fixed time limit.
| Ground | California Deadline |
|---|---|
| Ordinary relief (mistake/neglect) | 6 months (473(b)) |
| Fraud on the court | any time (extrinsic); 6 months (intrinsic) |
| Void judgment (jurisdiction/service) | 2 years (473(d)) |
If your motion targets the ordinary window, it must be filed within 6 months (473(b)) of the judgment. A void-judgment attack under Cal. Code Civ. Proc. 473, 473(d), 663 is not time-barred because the judgment was never valid to begin with.
Extrinsic vs Intrinsic Fraud in California
California's Kulchar v. Kulchar preserves extrinsic-fraud equitable relief beyond 6 months.
The distinction matters because extrinsic fraud (fraud that prevented you from presenting your case) typically can be attacked at any reasonable time under California law, often via an independent equity proceeding. Intrinsic fraud (false evidence or perjury within the case) is usually bound by the ordinary window.
- Extrinsic examples: opposing party intentionally concealed your address to prevent service; bribed your lawyer; kept you from testifying.
- Intrinsic examples: perjured affidavit of amount owed; forged signed contract; false account statement.
If you have evidence of extrinsic fraud in California, you likely have a cause of action even after the ordinary vacatur window has closed.
Void Judgments -- No Time Limit in California
A judgment is void (not merely voidable) when the court lacked:
- Personal jurisdiction -- e.g., improper service, out-of-state defendant with insufficient minimum contacts.
- Subject-matter jurisdiction -- e.g., state-court suit on exclusively federal claim.
- Due process compliance -- e.g., no meaningful notice or opportunity to be heard.
Void judgments in California can be attacked at any time and should be void as of their entry. Service defects (sewer service, no personal service attempt before publication, substitute service on someone not authorized) are by far the most common basis.
FRCP 60 State Analog for California
California's Cal. Code Civ. Proc. 473, 473(d), 663 is the state analog of Federal Rule of Civil Procedure 60 (or FRCP 60(b) for relief from final judgments). In federal practice, FRCP 60(b) covers:
- (1) mistake, inadvertence, surprise, or excusable neglect
- (2) newly discovered evidence
- (3) fraud, misrepresentation, or misconduct
- (4) void judgment
- (5) satisfied judgment
- (6) any other reason that justifies relief
California's rule tracks this structure with variations noted above. If your case is in federal court (e.g., bankruptcy adversary proceeding), FRCP 60(b) applies directly.
Stipulated Judgments in California
Stipulated judgments vacated under extrinsic fraud or mistake via independent action.
Stipulated (consent) judgments are harder to vacate because they represent a contractual agreement. California courts generally require a showing of:
- Fraud. The other party lied about a material fact you relied on.
- Mutual mistake. Both parties were wrong about a material fact (e.g., amount owed was misstated).
- Duress or coercion. You signed under improper pressure or threat.
- Lack of capacity or authority. You could not legally consent, or the signing attorney lacked authority.
Ordinary remorse or change of mind will not vacate a stipulated judgment in California. See default vs consent judgments.
California Federal Bankruptcy Data
When a judgment cannot be vacated in California, bankruptcy's automatic stay halts collection and discharges the underlying debt. These FJC numbers show how California debtors use the bankruptcy remedy when state-court relief is unavailable.
Numbers below come from the Federal Judicial Center Integrated Database covering 6,723 consumer bankruptcy cases from California's federal bankruptcy courts.
| Chapter | Cases Filed | Discharge Rate | Dismissal Rate |
|---|---|---|---|
| Chapter 7 | 5,808 | 98.4% | 1.6% |
| Chapter 13 | 915 | 38.8% | 61.2% |
Rates computed on resolved cases only. Source: FJC Integrated Database.
Timeline for Filing Your California Motion
Speed matters in California. The typical timeline:
- Day 0. Judgment entered (or discovered by you).
- Day 1-14. Gather evidence -- service records, correspondence, affidavits, meritorious defense documents.
- Day 15-30. Draft motion with supporting affidavit. Courts view delay as waiver.
- Day 30+. File motion, serve opposing party. Ask for a hearing.
For ordinary relief under Cal. Code Civ. Proc. 473, 473(d), 663, filing beyond 6 months (473(b)) is fatal. Use our motion template to stay ahead of the deadline.
When Bankruptcy Is the Cleaner Path
If the motion-to-vacate window has closed or your grounds are weak, bankruptcy remains effective. In California:
- Chapter 7 discharges the underlying debt within 90-120 days.
- Chapter 13 restructures the judgment debt over 3-5 years.
- Section 522(f) judicial lien avoidance strips judgment liens that impair exemptions.
- Section 362 automatic stay halts all collection activity on filing.
See 1328(f) refiling screener, California means test, and judgment after bankruptcy.