Baker

— The plaintiff-appellant brouught this action to set aside a judgment of divorce on the ground of extrinsic fraud perpetrated upon her by her husband, the defendant in the original divorce proceeding and respondent here. The superior court sustained respondent’s general demurrer to appellant’s complaint and refused leave to amend, on the ground that the allegations contained in the complaint were not sufficient to vitiate the res judicata effect of the divorce judgment, which became final in 1965 after modification by this court on appeal. (See Baker v. Baker, 233 Cal.App.2d 569 [ 34 Cal.Rptr. 811 ].) Our review of the record, however, convinces us that the ruling is in error and must be reversed.

The facts leading up to the filing of the complaint in the present action are not in dispute. The parties were married in 1942. After many years of marriage, appellant filed a complaint for divorce against her husband. He in turn filed a cross-complaint. In pretrial negotiations her husband purported to make a full disclosure of all the community property. In reliance upon Ms representations appellant entered into a stipulation with him as to the extent and nature of their common…