What is the basis of a husband's motion to vacate a judgment against his wife for fraud and perjury?

California, United States of America


The following excerpt is from Weiss v. Eastman, G046392 (Cal. App. 2013):

While husband claimed his motion to vacate the judgment was grounded on wife's commission of "actual fraud" and "perjury" in claiming the parties were validly married when she knew they were not, the trial court rejected that assertion, and concluded wife's version of the factual events surrounding the parties' marriage was the more credible one. The trial court was entitled to make that credibility determination, and we are obligated to respect it. (People v. Tafoya (2007) 42 Cal.4th 147, 192 ["We accept the trial court's factual findings and credibility determinations if supported by substantial evidence"]; In re H.G. (2006) 146 Cal.App.4th 1, 13 ["We accept, as we must, the trial court's determination of the credibility of witnesses"].)

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