Can a motion to set aside a judgment be set aside on the grounds of fraud?

California, United States of America


The following excerpt is from Heathman v. Vant, 172 Cal.App.2d 639, 343 P.2d 104 (Cal. App. 1959):

Independently of section 473, Code of Civil Procedure, the court has inherent power, on motion seasonably made, to set aside a judgment on the ground of fraud, and the same may be exercised after the lapse of the statutory time which limits the entertaining of applications based upon section 473. But in such cases the fraud must be extrinsic, the limitations in this respect being the same as those imposed on the granting of equitable relief to set aside a judgment. McGuinness v. Superior Court, 196 Cal. 222, 237 P. 42, 40 A.L.R.

Page 110

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