Thiriot v. Santa Clara Elementary School District of Santa Clara County

In this action plaintiff seeks to set aside a judgment in eminent domain whereby the defendant school district acquired some 21 acres of land from her. Her theory is that the judgment was obtained by extrinsic fraud allegedly practiced upon her. She offers to refund the $71,400 which the district paid her for the land, less $8,800 allegedly required for her attorneys fees in the condemnation suit. In a second count she additionally pleads that the district, its trustees, its clerk and its superintendent conspired with certain fictitiously named defendants to enable the latter to acquire the land for commercial purposes. In a third count, she seeks a determination that the district holds the land as trustee for her because of the alleged misuse of the processes of the court in the condemnation suit.