California, United States of America
The following excerpt is from Marriage of Modnick, In re, 191 Cal.Rptr. 629, 33 Cal.3d 897, 663 P.2d 187 (Cal. 1983):
No abstract formula exists for determining whether a particular case involves extrinsic, rather than intrinsic, fraud. "It is necessary to examine the facts in the light of the policy that a party who failed to assemble all his evidence at the trial should not be privileged to relitigate a case, as well as the policy permitting a party to seek relief from a judgment entered in a proceeding in which he was deprived of a fair opportunity fully to present his case." (Jorgensen v. Jorgensen, supra, 32 Cal.2d at p. 19, 193 P.2d 728.)
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