1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8
Superior Court of the State of California
9 County of ___________

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11 In re the marriage of: ) Case No.

)
12 Petitioner: _________________________ ) MEMORANDUM OF POINTS AND AUTHORITIES
) IN SUPPORT OF REQUEST FOR ORDER TO
13 and ) VACATE JUDGMENT ON THE GROUNDS OF
) FRAUD AND PERJURY
14 Respondent:____________________________ )
) DATE:
) TIME:
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) DEPT:
)
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)
)
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR FRAUD
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6 this document.
7
I.
8
STATEMENT OF FACTS
9

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On or about LIST DATE PETITION FILED Petitioner, LIST NAME OF PETITIONER,

11 (Petitioner) filed a Petition for Dissolution of Marriage. On or about LIST DATE RESPONSE

12 FILED Respondent, LIST NAME OF RESPONDENT(Respondent) filed a Response to the

13
Petition.
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The Court entered a Judgment of Dissolution of Marriage on or about LIST DATE
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JUDGMENT ENTERED. See the Judgment and Notice of Entry of Judgment on file with the
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17 Court.

18 MOVING PARTY contends that the Judgment entered on LIST DATE JUDGMENT
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ENTERED should be vacated pursuant to Family Code 2122(a)(b) on the grounds of fraud and
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perjury in that LIST HERE IN DETAIL THE FACTS THAT SUPPORT YOUR CLAIMS OF
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FRAUD AND PERJURY SUCH AS FALSE TESTIMONY OR PERJURY IN THE
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23 PRELIMINARY OR FINAL DECLARATION OF DISCLOSURE OR INCOME AND

24 EXPENSE DECLARATION MOVING PARTY only consented to said Judgment because they had
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no personal knowledge of the fraud and perjury committed by NAME OF OTHER SPOUSE.
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MOVING PARTY contends that they did not discover the facts constituting the fraud and
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perjury until LIST DATE when LIST IN DETAIL THE CIRCUMSTANCES UNDER WHICH
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR FRAUD
 1 YOU DISCOVERED THE FRAUD AND/OR PERJURY AND WHY YOU COULD NOT
2 HAVE DISCOVERED IT EARLIER.
3
MOVING PARTY further contends that they would materially benefit from the granting of
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the relief in that LIST HERE IN DETAIL HOW YOU WOULD MATERIALLY BENEFIT
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FROM THE FACT THAT THE JUDGMENT WAS VACATED.

7 Be sure to provide some very specific facts as to your claims of

8

9
duress and how the fraud and/or perjury materially affected you in
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consenting to or not actively contesting the original judgment. You
11

12 need to state the facts that pertain to your particular situation. You
13
need to show the reasons why the actions of the other party constituted
14

15 fraud and/or perjury.

16

17
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR FRAUD