Rochin

Introduction

Plaintiff and appellant Joe Rochin appeals from a judgment of dismissal entered after the trial court sustained a demurrer to plaintiff’s complaint without leave to amend. The present action is one for equitable relief by which plaintiff seeks to vacate an amended judgment entered in a prior action for personal injury brought by plaintiff against defendant and respondent Pat Johnson Manufacturing Company (PJMC). Also named as a defendant in the present action is respondent George Ellis, who was trial counsel for PJMC in the prior action.

Plaintiff’s complaint alleges that the amended judgment should be vacated and declared void for lack of jurisdiction, and the original judgment should be reinstated. Plaintiff argues that the amended judgment was entered on an ex parte basis without notice to plaintiff, as a result of extrinsic fraud, thus depriving him of due process and rendering the amended judgment void.

Defendants contend that even if the amended judgment was entered in an irregular manner, the present action to set it aside is barred by the statute of limitations governing actions based on fraud, and also by the doctrine of res judicata. The trial…