Kuehn

Plaintiff and appellant Laraine Kuehn (Laraine) appeals an order of dismissal following the sustaining without leave to amend of a demurrer interposed by defendant and respondent Garrett Kuehn (Garrett) to her second amended complaint. ,

The issues presented are whether Laraine has stated a cause of action for equitable relief from a dissolution judgment based on extrinsic fraud, or for tortious concealment of community assets.

We conclude Laraine’s claim for equitable relief is well pled. However, no tort remedy lies in these circumstances. Therefore, the order is reversed in part and affirmed in part.

Factual and Procedural Background

The parties were married in 1975. In the dissolution proceedings, which were concluded in 1990, Garrett, an attorney, was represented by counsel, while Laraine represented herself in propria persona. The judgment of dissolution was entered on May 22, 1990, and a stipulation and order modifying the judgment of dissolution was entered November 20, 1990.

On December 2, 1998, Laraine filed a second amended complaint in the civil court, seeking equitable relief in the form of a vacation of the family court’s judgment of dissolution, as…