CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Motion to Vacate (Not CCP §473)
............For Extrinsic Fraud
 21 Cards On This Topic:
  • Effect of Fam. Code §2120 et seq.
  • Constructive fraud defined.
  • Actual fraud is always a question of fact.
  • Actual fraud defined.
  • Extrinsic fraud occurs when party is denied knowledge of, or denied participation in, proceeding.
  • Successful motion to vacate for extrinsic fraud must show equity (meritorious case, diligent moving party, lack of prejudice to responding party).
  • Settlement whereby W received specific percent of pension calculated in a specific way was final and could not be modified later to the “time rule” based upon mistake or as an omitted asset.
  • Default paternity judgment based upon false allegations by mother that man was child’s father not extrinsic fraud.
  • Demurrer should have been overruled where W stated cause of action for equitable relief from dissolution based on extrinsic fraud.
  • No abuse of discretion in setting aside interlocutory judgment after more than decade where W's signature and judgment obtained by extrinsic fraud.
  • H entitled to relief from default where evidence showed he relied on W's assurances his custody interests would be protected and her attorney fees were paid from joint line of credit.
  • Extrinsic, not intrinsic, fraud will justify vacating judgment.
  • Intimidation of emotionally distraught W by H, and interference with her legal representation, found to be constructive extrinsic fraud and grounds to vacate judgment.
  • W's failure to inform court of facts favorable to H, or of proposed but unaccepted stipulation to continue, not extrinsic fraud.
  • Representing to W that proceeding has been abandoned and then proceeding to obtain judgment is extrinsic fraud.
  • When extrinsic fraud is found, entire judgment should be vacated.
  • Misrepresentation by fiduciary who concealed cause of action is extrinsic fraud.
  • Motion to modify final judgment re property division (when Code Civ. Proc. §473 relief unavailable) may not be granted in absence of evidence of extrinsic fraud.
  • Deception by W and counsel which prevents H from having knowledge of his legal rights is extrinsic fraud.
  • Fraudulent substitution of spousal support termination provision not agreed to by parties is extrinsic fraud.
  • Concealment of assets as extrinsic fraud.


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