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4 Any Attorney or Party

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Superior Court of the State of California
9 County of ___________

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11 In re the marriage of: ) Case No.
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12 Petitioner: _________________________ ) MEMORANDUM OF POINTS AND AUTHORITIES
) IN SUPPORT OF REQUEST FOR ORDER TO
13 and ) VACATE JUDGMENT ON THE GROUNDS OF
) FRAUD AND PERJURY
14 Respondent:____________________________ )
) DATE:
) TIME:
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) DEPT:
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR FRAUD
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6 this document.
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I.
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STATEMENT OF FACTS
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On or about LIST DATE PETITION FILED Petitioner, LIST NAME OF PETITIONER,

11 (“Petitioner”) filed a Petition for Dissolution of Marriage. On or about LIST DATE RESPONSE

12 FILED Respondent, LIST NAME OF RESPONDENT(“Respondent”) filed a Response to the
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Petition.
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The Court entered a Judgment of Dissolution of Marriage on or about LIST DATE
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JUDGMENT ENTERED. See the Judgment and Notice of Entry of Judgment on file with the
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17 Court.

18 MOVING PARTY contends that the Judgment entered on LIST DATE JUDGMENT
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ENTERED should be vacated pursuant to Family Code § 2122(a)(b) on the grounds of fraud and
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perjury in that LIST HERE IN DETAIL THE FACTS THAT SUPPORT YOUR CLAIMS OF
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FRAUD AND PERJURY SUCH AS FALSE TESTIMONY OR PERJURY IN THE
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23 PRELIMINARY OR FINAL DECLARATION OF DISCLOSURE OR INCOME AND

24 EXPENSE DECLARATION MOVING PARTY only consented to said Judgment because they had
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no personal knowledge of the fraud and perjury committed by NAME OF OTHER SPOUSE.
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MOVING PARTY contends that they did not discover the facts constituting the fraud and
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perjury until LIST DATE when LIST IN DETAIL THE CIRCUMSTANCES UNDER WHICH
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR FRAUD
1 YOU DISCOVERED THE FRAUD AND/OR PERJURY AND WHY YOU COULD NOT
2 HAVE DISCOVERED IT EARLIER.
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MOVING PARTY further contends that they would materially benefit from the granting of
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the relief in that LIST HERE IN DETAIL HOW YOU WOULD MATERIALLY BENEFIT
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FROM THE FACT THAT THE JUDGMENT WAS VACATED.

7 Be sure to provide some very specific facts as to your claims of
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duress and how the fraud and/or perjury materially affected you in
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consenting to or not actively contesting the original judgment. You
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12 need to state the facts that pertain to your particular situation. You
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need to show the reasons why the actions of the other party constituted
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15 fraud and/or perjury.
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR FRAUD