How Do You File a Motion to Set Aside a 2011 Judgment in California?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I need to file a motion to set aside a judgment from 2011.
Attorney Answer
Reopening a judgment that is around 15 years old is difficult in California, but the right approach depends on why you believe it should be set aside.
The general deadline has almost certainly passed. Under Code of Civil Procedure section 473(b), a court can set aside a judgment for mistake, inadvertence, surprise, or excusable neglect, but the request must generally be made within six months of the judgment. A 2011 judgment is far outside that window, so this route is unlikely to work unless there is an unusual circumstance a lawyer identifies.
Family law judgments have their own relief rules. If this judgment came out of a divorce or other family law case, Family Code sections 2120 through 2122 let a court set aside all or part of a family law judgment for reasons like fraud, perjury, duress, mental incapacity, or mistake. These grounds come with their own, often short, deadlines that generally run from the judgment date or from when you discovered the problem, so timing still matters even here.
A narrow option exists outside these deadlines. California courts also recognize an independent action based on extrinsic fraud, meaning fraud that prevented you from having a fair chance to be heard in the first place, such as never being properly notified of the case. This path has no fixed statutory deadline, but you must show you acted diligently once you learned the truth, and it is difficult to prove.
What to do next:
1. Gather the judgment itself and any documents showing how and when you learned about it. 2. Write down exactly why you believe it should be set aside, whether that is never being served, fraud, or mistake. 3. Have a lawyer evaluate whether any of these paths still apply given how much time has passed.
Because a 2011 judgment is old enough that most standard deadlines have expired, this needs individual review. This is general legal information, not legal advice, and a local California family law attorney can look at your documents and tell you whether any option is still realistically available.
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Frequently Asked Questions
Can I still set aside a judgment if more than six months have passed?
The standard Code of Civil Procedure section 473(b) deadline of six months will likely have expired, but other options, like family law relief provisions or an independent action for extrinsic fraud, may still be available depending on the facts. A lawyer needs to review the judgment to know which, if any, applies.
What is extrinsic fraud?
It generally means fraud or deception that kept you from having a real opportunity to be heard in the case, such as being told you did not need to appear or never being properly notified at all. It is different from fraud about the facts of the underlying dispute.
What documents should I gather before talking to a lawyer?
Bring the judgment itself, any proof of service or lack of it, and any paperwork or messages showing when you first learned about the judgment. These details determine which legal option, if any, is still open to you.
