How have courts dealt with a motion to set aside a default judgment based on extrinsic fraud?

California, United States of America

The following excerpt is from Sporn v. Home Depot Usa, Inc., 126 Cal.App.4th 1294, 24 Cal.Rptr.3d 780 (Cal. App. 2005):

Defendant, relying on the unsupported attacks on the integrity of plaintiff and his lawyer, seeks to invoke the inherent equitable power of the court to set aside a default judgment based on extrinsic fraud. (Olivera v. Grace (1942) 19 Cal.2d 570, 576-577, 122 P.2d 564.) But, in spite of defendant's inappropriate characterization of plaintiff's conduct, there is nothing in the record that would support a finding of extrinsic fraud.

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