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Recent Extrinsic Fraud questions

To Socrateaser What is the difference between intrinsic and

To SocrateaserWhat is the difference between intrinsic and extrinsic fraud?Can this apply to sales of property?

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Pro Se researching the filing of an Order to Show Cause,

Pro Se researching the filing of an Order to Show Cause, wanted to be of every aspect......divorce case

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Missouri lawyer

Attorney at Law

Juris Doctorate

68 satisfied customers
If my case was dismissed because defendant filed a Special

If my case was dismissed because defendant filed a Special Motion to Strike with prejudice and my opposition motion was struck down, can I reopen the case? Also, when I tried with a motion for reconsideration, the defendant violated CCP 338(d) which is for extrinsic fraud or mistake, can I use this to re-open the case?

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Phillips Esq.

Attorney

Juris Doctor

18,350 satisfied customers
Common stipulation to grant vacated judgement?

Hi, In regard to this question: http://www.justanswer.com/law/90ocj-hearing-motion-set-aside-default-judgement.html Is it common in those instances that granting the vacated judgement be based on stipulations such as paying the other attorneys fees?? I'm expected to come up with $1500 by 5:00pm tomorrow or the commissioner will not grant the vacated judgement or the stay, which baffles me._________________________________________________________This hearing is for A Motion to Set Aside Default Judgement & Application for Stay of Writ. A default was filed against us after we filed our answer...we efiled and there was error that resulted in the clerk rejecting the file. The timeline gives the General issue for which we seek relief. Tuesday: We Efiled our Answer, (Tues day was also the last day to file our answer. Wednesday: Plaintiffs Attorney Files for Default & it is granted along with writ. Thurs: We receive notification that e-filing was rejected & in attempting to file again, in person to avoid e-file issue, learned about the default... as I understand it, it would Be difficult for the plaintiff to oppose this (the grounds for my motion are CA Civil Proc 473(b) due to my mistake (of a missing address - the address in question for the UD case in the first place) that lead to efiling rejection 473(d) arguing that the default judgement is void because it was issued (plaintiffs attorney e-filed after defendants answer efiled but before the efiling was rejected. And last that the default is the result of "Extrinsic Fraud or Mistake). I feel like this should be a straightforward decision granting relief and allowing our answer to be filed so we can schedule a trial, but I also thought the same of a Demurrer in this case for improper attorney verification of the complaint...its was denied when almost all signs seemed to point to a defeat for the plaintiff, and this was after plaintiffs attorney was 3 hours late to the hearing and would not continue hearing even after I explained I had a very important interview that I missed that ended up costing my family food and income... The commissioner told me he has known this particular attorney a long time and trusts him. I may be imagining favoritism but I'm very nervous.

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Dwayne B.

Juris Doctor

35,784 satisfied customers
This hearing is Motion to Set Aside Default Judgement

My question is, what are the odd this will be denied??This hearing is for A Motion to Set Aside Default Judgement & Application for Stay of Writ. A default was filed against us after we filed our answer...we efiled and there was error that resulted in the clerk rejecting the file. The timeline gives the General issue for which we seek relief. Tuesday: We Efiled our Answer, (Tues day was also the last day to file our answer. Wednesday: Plaintiffs Attorney Files for Default & it is granted along with writ. Thurs: We receive notification that e-filing was rejected & in attempting to file again, in person to avoid e-file issue, learned about the default... as I understand it, it would Be difficult for the plaintiff to oppose this (the grounds for my motion are CA Civil Proc 473(b) due to my mistake (of a missing address - the address in question for the UD case in the first place) that lead to efiling rejection 473(d) arguing that the default judgement is void because it was issued (plaintiffs attorney e-filed after defendants answer efiled but before the efiling was rejected. And last that the default is the result of "Extrinsic Fraud or Mistake). I feel like this should be a straightforward decision granting relief and allowing our answer to be filed so we can schedule a trial, but I also thought the same of a Demurrer in this case for improper attorney verification of the complaint...its was denied when almost all signs seemed to point to a defeat for the plaintiff, and this was after plaintiffs attorney was 3 hours late to the hearing and would not continue hearing even after I explained I had a very important interview that I missed that ended up costing my family food and income... The commissioner told me he has known this particular attorney a long time and trusts him. I may be imagining favoritism but I'm very nervous.My question is, what are the odd this will be denied??

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Dwayne B.

Juris Doctor

35,784 satisfied customers
Divorce papers sign 2005 in office where husband hired someone

Divorce papers sign 2005 in office where husband hired someone ,I was there alone,I thought I was signing paper to go to court, saying with a friend I found out house was up and divorce papers arrived in mail, we were married which give me a right to a lot of things....can some thing be done now ,I think things were done extrinsic fraud?nothing went to court

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TJ, Esq.

Juris Doctor (JD)

10,884 satisfied customers
Request of default was served on Defendant. After the Court

Request of default was served on Defendant. After the Court entered Default as to Defendant, Notice of Default was service on Defendant. No response from Defendant. After Statement of Damages was service on Defendant by personal service, Defendant appeared in the Case by filing Motion to set aside the Default. Can Plaintiff ask for sanction and costs? Thank you.

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TexLaw

Attorney

Post-Doctoral Degree

7,980 satisfied customers
I am preparing a Fed. R. Civ. P. 60(b)(3) motion. Opposing

I am preparing a Fed. R. Civ. P. 60(b)(3) motion. Opposing counsel misrepresented precedent to the court and facts. The opposing party misrepresented facts. I did refute both making citation to the very same precedent and controverting the facts. Can I file under Rule 60(b)(3) on the grounds of misrepresentation and I was prejudiced. Under the Rule, I must show I was prevented from presenting a contrary theory to the court. With opposing counsel continuously misrepresenting precedent and misrepresentation of facts, I was prejudiced but I did present a contrary theory to the court. Under the Rules of Professional conduct, an attorney cannot mislead a court of law and this is exactly what happened.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
intrinsic v extrinsic fraud I have looked at several definitions

intrinsic v extrinsic fraudI have looked at several definitions of this. From Black's Law to several sources online.My main question is whether this is a valid statement "fraudulent documents made by officers of the court are considered extrinsic fraud."The Federal courts don't specify intrinsic or extrinsic. Is that because all fraud crated by an officer of the court is extrinsic?Are there any Federal cases that deal with officers of the court making false documents?Missouri cases?In Missouri, relief from judgement for fraud depends on the label. Rule 74.06(d)

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