Does a judge have the power to set aside a judgment against defendants on equitable grounds?

California, United States of America

The following excerpt is from Barnes v. State Comp. Ins. Fund, B287239, B289008 (Cal. App. 2019):

Barnes's reliance on Bulloch v. United States (10th Cir. 1985) 763 F.2d 1115, 1121, does not help his cause. That federal case discussed the ability to set aside a judgment, under equitable grounds and the Federal Rules of Civil Procedure, where it has been obtained through a fraud on the court, i.e., "where the impartial functions of the court have been directly corrupted." (Id. at pp. 1116, 1121.) But even if defendants' alleged conspiracy caused Barnes to be forced to

Page 23

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does a motion to set aside a default judgment against a defendant be granted on the grounds that the judgment is void? (California, United States of America)

What is the test for setting aside a judgment against a defendant on the grounds of fraud? (California, United States of America)

Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)

Can a motion to set aside a judgment be set aside on the grounds of fraud? (California, United States of America)

Does the Attorney General have power to retry a defendant who has succeeded in having his conviction set aside on appeal? (California, United States of America)

Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)

Does Defendant have grounds to argue that a conviction or acquittal in a murder case against Defendant violated the prohibition against double jeopardy? (California, United States of America)

When a judge makes a judgment in a minute order, does the judge have to deliver the abstract in an oral order? (California, United States of America)

Does a judge have the power to overturn a judgment of death in a death penalty case? (California, United States of America)

On what grounds can a judge exclude or limit or exclude rebuttal victim impact evidence from a defence on the grounds of abuse of discretion? (California, United States of America)

Does a judge have the power to set aside a judgment against defendants on equitable grounds?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources