C.A. Defines What Counts as ‘Incapacity’ to Undo Judgment
Div. Seven of this district’s Court of Appeal has held that a party petitioning to set aside a judgment entered in a divorce proceeding, under a Family Code section allowing such relief in the event of “mental incapacity,” must show a mental deficit that significantly impairs the ability to understand the nature or consequences of his or her actions or of the family law proceedings.
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