Taliaferro

The superior court granted judgment that appellant “take nothing by” his seventh amended complaint and refused to enter a default judgment for appellant.

We consider the validity of the lower court’s action as to each of the six counts of the complaint and as to its refusal to render judgment by default.

Count One seeks to vacate the “court’s action” in approving a settlement agreement, entered into on December 1, 1943, which divided the community property and provided for the support of appellant’s wife and minor children. Appellant claims he was induced to sign the settlement agreement “to persuade” respondent to proceed with a divorce action she filed on September 7, 1943, in Contra Costa County, and “to secure a divorce decree without contest.” But, according to the complaint, appellant was induced to sign the agreement by fraud in that respondent concealed the fact that long prior to the settlement agreement she had obtained, on July 7, 1932, an interlocutory decree of divorce in the Superior Court of San Francisco which did not provide for alimony or support. The “existence” of the earlier decree was “concealed from” appellant “until the month of December, 1954,” when he…