What is the test for determining whether a case involves extrinsic rather than intrinsic fraud?

California, United States of America


The following excerpt is from Marriage of Modnick, In re, 191 Cal.Rptr. 629, 33 Cal.3d 897, 663 P.2d 187 (Cal. 1983):

No abstract formula exists for determining whether a particular case involves extrinsic, rather than intrinsic, fraud. "It is necessary to examine the facts in the light of the policy that a party who failed to assemble all his evidence at the trial should not be privileged to relitigate a case, as well as the policy permitting a party to seek relief from a judgment entered in a proceeding in which he was deprived of a fair opportunity fully to present his case." (Jorgensen v. Jorgensen, supra, 32 Cal.2d at p. 19, 193 P.2d 728.)

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