California Legal Brief

AI-Generated Practitioner Briefs of California Appellate Opinions

motion to vacate

2 opinions tagged “motion to vacate”

Marriage of Capos 6/12/16 CA3

The Rule of In re Marriage of Capos is that a family law order establishing child support arrears is not void for lack of due process when the requesting party clearly stated the relief sought in supporting documentation attached to the formal request, under circumstances where the opposing party received actual notice and filed a substantive response on the merits.

Marriage of Capos 5/29/26 CA3

The Rule of In re Marriage of LaShelle and Nicholas Capos is that a judgment awarding child support arrears is not void for lack of due process when the requesting party clearly states the relief sought in supporting documents and the opposing party files a responsive pleading addressing the merits, under circumstances where boxes relating to child support on judicial council forms are not checked but the specific relief is nonetheless plainly articulated in accompanying declarations.