Morales

MEMORANDUM *

Plaintiff Aurelio Cervantes Morales (“Cervantes”) appeals the district court’s *129 grant of summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging that police officers and the City of Los Angeles violated his rights by conspiring to fabricate evidence and suborn perjury in his state court action for false arrest. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Cervantes contends that he was precluded from obtaining a fair trial in his state court proceedings because Officer Gregory Beckley fabricated arrest records and lied about the time he arrived at the scene of Cervantes’ arrest. In California, “[fjraud by a party will not undermine the conclusiveness of a judgment unless the fraud was extrinsic, ie., it deprived the opposing party of the opportunity to appear and present his case.” Eichman v. Fotomat Corp., 147 Cal.App.3d 1170 , 197 Cal.Rptr. 612, 614 (Ct.App.1983). Concomitantly, the suppression of evidence is classified as intrinsic fraud and therefore is not a ground for invalidating the judgment. Id. at 614-15. In this case, as in Eichman , diligent discovery would have unearthed the evidence that Cervantes…