The Court of Appeal held that a party cannot recover damages for alleged fraud in obtaining a judgment (including loss of value of the underlying cause of action and costs ordered) without first having that judgment set aside, because the judgment conclusively establishes the cause of action had no value and costs were properly ordered. Furthermore, aggravated, punitive and exemplary damages for fraud require proof of some ordinary compensatory damages. Proceedings to set aside a judgment of a superior court for fraud must ordinarily be brought in the court that made the judgment.
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