California, United States of America
The following excerpt is from Boeseke v. Boeseke, 107 Cal.Rptr. 353, 31 Cal.App.3d 462 (Cal. App. 1973):
'Whether the case involves intrinsic or extrinsic fraud or mistake is not determined abstractly. '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.'' (Kulchar v. Kulchar, 1 Cal.3d 467, at 473, 82 Cal.Rptr. 489, at 492, 462 P.2d 17, at 21, quoting from Jorgensen v. Jorgensen, 32 Cal.2d 13, 193 P.2d 728.)
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