Legal Question in Family Law in California

It is not in the Family Code. There is a Civil Code section that provides for setting aside defaults on noticed motion when the default occurs due to mistake, inadvertance or excuseable neglect. When a responding party is lulled into not responding on time due to ongoing good faith negotiations, the courts almost invariably set aside the default, and usually will sanction the party who took the default if the responding party asks for a stipulation to set aside the default and the party who took the default refuses and wastes the court's time with a motion hearing.