What is the test for a cause of action or motion based on perjury in a preliminary or final declaration of disclosure, or in a current income and expense statement?

California, United States of America


The following excerpt is from In re Marriage of Parvizian, B194981 (Cal. App. 2/28/2008), B194981 (Cal. App. 2008):

"An action or motion based on perjury in the preliminary or final declaration of disclosure, the waiver of the final declaration of disclosure, or in the current income and expense statement shall be brought within one year after the date on which the complaining party either did discover, or should have discovered, the perjury." (Fam. Code, 2122, subd. (b).) Assuming without deciding that this statute is limited to perjury in financial documents and that it does not apply to testimony given at a default prove-up hearing (Kuehn v. Kuehn (2000) 85 Cal.App.4th 824), a cause of action alleging fraud (including perjury) must nevertheless be brought within three years of the date the aggrieved party discovers the facts constituting the fraud (Code Civ. Proc., 338, subd. (d)).

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