How can we challenge a fraud judgement and pursue actions against the plaintiff?
Full Question:
Answer:
The law in California allows you a period of time in which you can challenge a judgment.
Please see the following California Rules of Court to determine applicability:
§ 663 Civ. Proc.
A judgment or decree, when based upon a decision by the
court, or the special verdict of a jury, may, upon motion
of the party aggrieved, be set aside and vacated by the same
court, and another and different judgment entered, for
either of the following causes, materially affecting the
substantial rights of the party and entitling the party to a
different judgment:
1. Incorrect or erroneous legal basis for the decision,
not consistent with or not supported by the facts; and in
such case when the judgment is set aside, the statement
of decision shall be amended and corrected.
2. A judgment or decree not consistent with or not
supported by the special verdict.
RULE 3.1602. HEARING OF MOTION TO VACATE JUDGMENT
A motion to vacate judgment under Code of Civil Procedure
section 663 must be heard and determined by the judge who
presided at the trial; provided, however, that in case
of the inability or death of such judge or if at the time
noticed for the hearing thereon he is absent from the
county where the trial was had, the motion may be heard and
determined by another judge of the same court.
SATISFACTION OR CANCELLATION OF JUDGMENT
Rule 4:48-1. Execution and Delivery of Warrant of Satisfaction
Upon satisfaction of a judgment duly entered and docketed, a warrant shall be executed and delivered to the party making satisfaction or to the party's representative, guardian or attorney, or to the clerk of the court, stating the judgment docket number or book and page where it is recorded and directing the clerk to satisfy the same of record. The warrant shall be executed by anyone entitled to receive satisfaction or by the attorney of record in the action. If executed by anyone other than the attorney of record the warrant shall be duly acknowledged. If executed by the attorney of record the attorney's certification shall suffice.
Civil Judgments.
Cal Code Civ Proc § 473
(b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. However, in the case of a judgment, dismissal, order, or other proceeding determining the ownership or right to possession of real or personal property, without extending the six-month period, when a notice in writing is personally served within the State of California both upon the party against whom the judgment, dismissal, order, or other proceeding has been taken, and upon his or her attorney of record, if any, notifying that party and his or her attorney of record, if any, that the order, judgment, dismissal, or other proceeding was taken against him or her and that any rights the party has to apply for relief under the provisions of Section 473 of the Code of Civil Procedure shall expire 90 days after service of the notice, then the application shall be made within 90 days after service of the notice upon the defaulting party or his or her attorney of record, if any, whichever service shall be later. No affidavit or declaration of merits shall be required of the moving party. Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any
(1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or
(2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties. However, this section shall not lengthen the time within which an action shall be brought to trial pursuant to Section 583.310.
Due to the complexity of the multiple claims that may exist in your situation, it would be highly recommended that you consult with a local litigation attorney who is experienced in how the process is handled and provide you with specific advice about how to proceed with dealing with the existing judgment and any related claims against individuals.
