What is the test for determining whether there is evidence of "fraud" or "excessively" fraud in the context of an action?

MultiRegion, United States of America

The following excerpt is from Bribiesca v. Procopio, Case No.: 3:16-cv-01225-BEN-WVG (S.D. Cal. 2017):

from appearing in court or asserting legal rights" or "from fully participating in the proceeding." Gibble v. Car-Lene Research, Inc., 67 Cal. App. 4th 295, 314 (1998) (citation omitted). "Examples of extrinsic fraud are: concealment of the existence of a community property asset, failure to give notice of the action to the other party, convincing the other party not to obtain counsel because the matter will not proceed (and it does proceed)." Id. at 315 (citation omitted). "On the other hand, [f]raud is intrinsic and not a valid ground for setting aside a judgment when the party has been given notice of the action and has had an opportunity to present his case and to protect himself from any mistake or fraud of his adversary, but has unreasonably neglected to do so." Id. (citation omitted).

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