Resnik v. Superior Court

Opinion

ANDERSON, P. J.

Petitioner challenges a ruling on her motion to vacate judgment. The motion to vacate was made on the ground that real party in interest had committed extrinsic fraud in a dissolution of marriage action by concealing three community assets. Petitioner contends that respondent court erred in refusing to vacate the judgment and in limiting its relief to allowing petitioner the opportunity of proving that the concealed assets were community rather than separate property. We agree. Having found extrinsic fraud, the appropriate relief was to vacate the entire judgment insofar…