Legal Opinion
Barker v. Hull
California Court of Appeal
Decided April 21, 1987No. A033026PublishedCited by 37 opinions
1Opinion of the Court
Opinion
NEWSOM, J.
This appeal presents the question of when a final order denying a motion to vacate a default judgment based upon fraud prevents a party from relitigating the issue of fraud in a collateral proceeding.
A default judgment was entered against appellant Barker on December 26,1975, in an action filed by respondent Hull against Barker and a corporation of which Barker was president. In June 1982, Hull filed an abstract of judgment against Barker as an individual.
In July 1982, Barker filed a motion to set aside the judgment supported by his declaration stating that Barker was told by…
2Cases cited12 opinions
- People v. SimsCalifornia Supreme Court · 1982
- Henn v. HennCalifornia Supreme Court · 1980
- Baillargeon v. Dep't of Water & Power of L.A.California Court of Appeal · 1977
- Flood v. SimpsonCalifornia Court of Appeal · 1975
- Stencel Aero Engineering Corp. v. Superior CourtCalifornia Court of Appeal · 1976
7 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Lance Camper Manufacturing Corp. v. Republic Indemnity Co. of AmericaCalifornia Court of Appeal · 1996
- Kahn v. BowerCalifornia Court of Appeal · 1991
- Gottlieb v. KestCalifornia Court of Appeal · 2006
- Murphy v. MurphyCalifornia Court of Appeal · 2008
- Kelly v. Vons Companies, Inc.California Court of Appeal · 1998
32 more not listed; retrieve them via the Exa API.