Marriage of Varner

In Marriage of Varner (1997) 55 Cal. App. 4th 128, the husband misrepresented the value of substantial assets. He prevented the wife and her advisers from having access to the information from which the assets could be valued. The trial court refused to set aside the judgment. The appellate court reversed, concluding the failure to disclose the existence or value of a community asset constituted grounds for setting aside the judgment on the grounds of mistake. (Ibid.; accord, In re Marriage of Jones (1998) 60 Cal. App. 4th 685, 693 70 Cal. Rptr. 2d 542.) Varner held: "We conclude that the failure of a spouse to disclose the existence or the value of a community asset, as occurred in the present case, constitutes a basis for setting aside a judgment on the grounds of mistake under section 2122." ( Varner, supra, 55 Cal. App. 4th at p. 144.) Thus, spouses may be relieved of a stipulated judgment based upon incomplete or inaccurate information. (Varner, supra, 55 Cal. App. 4th at p. 144; Fam. Code, 1101 claim for breach of fiduciary duty.)