California Court of Appeal

Order setting aside judgment and marital settlement agreement, which had provided more than three-fourths of community assets to husband, is affirmed as the attorney claiming to represent the wife was in actuality representing the husband, the judgment was procured through fraud directly against the court, and the court has residual inherent power to protect itself from fraud under Code of Civil Procedure section 128(a)(8).

Appellate Information

• Decided 09/28/2006
• Published 09/28/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Minyard & Morris and Ronald B. Funk, Newport Beach, for Appellant.


• For Appellees:
  
• Phillips, Whisnant, Gazin & Gorczyca, J. Benedict Phillips and Gary S. Gorczyca, Garden Grove, for Respondent.