You are on page 1of 1

Family Code sections 2120, 2121 and 2122 "which effectively extinguish the distinction between extrinsic and

intrinsic fraud, in dissolution proceedings, and greatly expand fraud to include nondisclosure, misconduct and perjury, as well as mental incapacity of the disadvantaged spouse." Extrinsic fraud has been defined generally as conduct that deprives the defrauded party of the opportunity to present his or her claim or defense to the court, "that is, where he or she was kept in ignorance or in some other manner, other than from his or her own conduct, fraudulently prevented from fully participating in the proceeding." (In re Marriage of Stevenot, supra, 154 Cal.App.3d at p. 1068.) "[E]xtrinsic fraud is a broad concept that tend[s] to encompass almost any set of extrinsic circumstances which deprive a party of a fair adversary hearing." (Steven W. v. Matthew S. (1995) 33 Cal.App.4th 1108, 1114 [citation and internal quotation marks omitted]; see In re David H. (1995) 33 Cal.App.4th 368, 381.)

Medallion