Blackman

Blackman v. Kristovich

Good Law
1963 Cal. App. LEXIS 2084·216 Cal. App. 2d 792·31 Cal. Rptr. 413
Court of Appeal of CaliforniaJune 3, 1963Civ. 26728California1,767 words

Opinion

Opinion

Fox, J.

Mrs. Sadie Jean Blackman has appealed from (1) an order denying her motion to vacate a final decree of divorce granted her, and (2) a subsequent order denying her motion for reconsideration of her previous motion.

Appellant’s original motion to vacate was based upon the ground that the final decree of divorce previously granted her was procured by extrinsic fraud, assertedly practiced on her and on the court, by her husband, Aviv Blackman, now deceased, and by duress of Blackman exercised on her.

The facts before the court below are contained in two declarations in support of the original motion: (1) one by appellant, and (2) the other by appellant’s attorney, Meyer Litenberg; and (3) a declaration by appellant’s daughter, Betty Jane Swales, submitted in addition to the first two in support of the motion for reconsideration. The fact picture presented by these three declarations and by the official records and filings in the divorce action which are contained in the clerk’s transcript on this appeal may be summarized as follows:

On February 25, 1957, appellant filed a divorce complaint alleging, inter alia, that her husband had committed numerous acts of extreme physical and…

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