PRETRIAL ADJUDICATION
...Default
......Relief from Default
.........Equitable Relief from Judgment
............Grounds: Extrinsic Fraud or Mistake
3 Cards On This Topic:

Fraud is intrinsic and not valid ground for setting aside judgment when party given notice of action, had opportunity to present case and protect self from mistake or fraud, but unreasonably neglected to do so.

Party’s failure to perform duty to speak or make disclosures, which arises from confidential or fiduciary relationship to other party, is fraud justifying equitable relief from judgment.

Court has equitable power to grant relief from default judgment arising out of defendant’s negligence or mistake so long as no prejudice shown to opposing party.