Legal Question in Family Law in California

Wife's atty holds exhibits from respondent showing joint bank acct existed during
the last part of marriage. All bills were paid from said acct which was funded soley by husband. Under oath the atty leads wife to testify that no joint accounts existed during the last part of marriage. Judge makes JDOM based on this and other false testimony from wife ( with her atty's knowledge ) in a default judgement trial. Husband seeks to vacate judgement on grounds atty and
wife deliberately misled the court to get favorable judgement.
Would this be grounds to vacate? What about perjury issues and misconduct issues
by wife's atty?

Asked on 5/09/12, 11:18 am

3 Answers from Attorneys

Gary R. White Burton & White

0 users found helpful

0 attorneys agreed

If your default was taken upon your failure to respond to the petition in a timely manner, you have no standing to object to anything until your default is set aside. Consult with an attorney, further delay could be decisive.

Answered on 5/09/12, 1:05 pm

Mark as helpful

0 users found helpful

0 attorneys agreed

Mr. White is exactly correct. By defaulting, you elected not to participate in the trial, and therefore you waived any objection to evidence presented in the case. Having voluntarily chosen not to appear and object to the evidence or present contrary evidence at the trial, issues with the evidence cannot be an excuse to set aside the default. You can't say, "I decided to let them do the trial without me, but only if they didn't lie, so now I want 'do-over' because they lied." You may or may not have grounds to set aside the judgment, but time limits for doing so are VERY short and you will need a lawyer to do it. So get off the internet and contact an attorney in person.

Answered on 5/09/12, 2:05 pm

Mark as helpful