Resnik

Petitioner challenges a ruling on her motion to vacate judgment. The motion to vacate was made on the ground that real party in interest had committed extrinsic fraud in a dissolution of marriage action by concealing three community assets. Petitioner contends that respondent court erred in refusing to vacate the judgment and in limiting its relief to allowing petitioner the opportunity of proving that the concealed assets were community rather than separate property. We agree. Having found extrinsic fraud, the appropriate relief was to vacate the entire judgment insofar as it divided the parties’ property and provided for support.

On October 13, 1983, an order was filed in the dissolution proceedings in accordance with the terms of a settlement and stipulation between the parties. In addition to providing for custody of the parties’ two children and for their support, the order provided that real party pay $2,000 per month in spousal support from October 1, 1983, for a maximum of four years and for the division of community property. On June 13, 1985, petitioner moved to vacate the order insofar as it provided for spousal support and divided the property of the parties.…