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Marriage of DeLuca and Broquedis

Marriage of DeLuca and Broquedis
06/14/06

Marriage of DeLuca and Broquedis





Filed 5/17/06 Marriage of DeLuca and Broquedis CA1/4





NOT TO BE PUBLISHED IN OFFICIAL REPORTS





California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FIRST APPELLATE DISTRICT



DIVISION FOUR














In re the Marriage of JOSEPH DeLUCA and MARSHA BROQUEDIS.




JOSEPH DeLUCA,


Appellant,


v.


MARSHA BROQUEDIS,


Respondent.



A110788


(Alameda County


Super. Ct. No. C-796888-0)



I.


Introduction


Appellant Joseph DeLuca (Father) appeals from the family court's denial of his postjudgment motion to increase custody time with his minor son, Niccolo (Nicco). Father contends the trial court prejudicially erred in denying his motion because: (1) in considering the motion, the court improperly refused Father's request for a child custody evaluation; (2) the court based its refusal to change the current custody arrangement on inadmissible hearsay and improper expert opinion testimony; and (3) the court improperly denied Father the ability to cross-examine the experts upon whose opinions the court relied in denying his request. We affirm.


II.


Procedural Background


Respondent Marsha Broquedis (Mother) filed a petition for dissolution of marriage on April 22, 1998. At that time, Nicco was two years old, having a birth date in December 1995. Father responded and requested that the parties share both legal and physical custody of Nicco.


On November 24, 1998, the parties filed a â€





Description A decision as to postjudgment motion to increase custody time with minor son.
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