Kathleen Rice v. James C. Rice

Summary

The California Court of Appeals affirmed an order vacating an interlocutory divorce decree and permitting an amended complaint. The court held that the defendant's failure to disclose a prior conveyance of the disputed real property to a third party constituted fraud upon the court and justified relief under the court's inherent authority and California Code of Civil Procedure section 473.

Holdings

1. Defendant's conduct in failing to disclose during the divorce trial that he had conveyed the property to Nelda Davis constituted fraud upon the court because it led the trial court to believe that title was in a condition permitting an effective apportionment of the property.
2. A judgment obtained through fraud upon the court may be attacked by motion, including a motion brought under Code of Civil Procedure section 473.
3. Plaintiff's alleged knowledge that record title was held by Davis did not preclude relief because the circumstances did not establish that plaintiff knew the transfer was valid or that defendant intended to rely on it as a defense.

Questions Presented

1. Whether defendant's failure to disclose his conveyance of the disputed property to a third party constituted fraud upon the court.
2. Whether a judgment obtained through fraud upon the court may be vacated by motion under the court's inherent power and Code of Civil Procedure section 473.
3. Whether plaintiff's alleged knowledge of the recorded transfer and the parties' respective duties to disclose the transfer precluded relief.

Disposition

affirmed