Legal Question in Business Law in California

In California:

How long do I have to file a "motion for relief from settlement" after the settlement is entered into?


Asked on 6/12/13, 7:55 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Without more facts, this sounds like a motion to be made under Code of Civil Procedure section 473(b) "to relieve a party from a judgment, order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect." Other interpretations of your question are possible, and a little more facts and background would be very helpful in determining what law might govern your right to obtain relief (if any). However, CCP 473(b) says the motion should be brought as soon as possible, but in no event later than six months after the disputed action.

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Answered on 6/12/13, 8:24 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Whipple. If it is settlement of civil litigation, it would be six (6) months, generally. If it was family law, like settlement of a divorce, there would be different time limitations.

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Answered on 6/13/13, 8:25 am


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