If a motion to dismiss is successful, can the court exercise its equity powers to vacate the judgment of dismissal?

Nor do we agree with respondent's argument that the court may exercise its equity powers to vacate the judgment of dismissal. A trial court's ability to grant equitable relief is available only upon a showing of extrinsic factors, such as fraud. (Beresh v. Sovereign Life Ins. Co. (1979) 92 Cal.App.3d 547, 552-553, 155 Cal.Rptr. 74.) Respondent's arguments are based on circumstances which occurred after the entry of the judgment on October 28, 1994, and do not include extrinsic factors occurring before the hearing on the motion to dismiss.

[49 Cal.App.4th 1396]