Tuesday, May 04, 2004

A. Alleged Extrinsic Fraud

Three of Kougasian's causes of action are based, in whole or in part, on alleged extrinsic fraud on the state court. n1 The alleged extrinsic fraud primarily consisted of submitting the false declaration to the state court in Kougasian I at the last minute and refusing to supply the telephone number or address of the declarant, thereby preventing Kougasian from deposing or otherwise questioning him. "Extrinsic fraud is conduct which prevents a party from presenting his claim in court. [*11] " Wood v. McEwen, 644 F.2d 797, 801 (9th Cir. 1981). Under California law, extrinsic fraud is a basis for setting aside an earlier judgment. See Zamora v. Clayborn Contracting Group, Inc., 28 Cal. 4th 249, 121 Cal. Rptr. 2d 187, 47 P.3d 1056, 1063 (Cal. 2002).

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