Marriage of Gonzalez

Filed 6/28/06 Marriage of Gonzalez CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION ONE

APPEAL from an order of the Superior Court of Los Angeles County, Luis A. Lavin, Judge. Reversed.

The Law Firm of Fox & Fox, Frank O. Fox and Jeffrey P. Bollinger for Plaintiff and Appellant.

Law Offices of Speros P. Maniates and Speros P. Maniates for Defendant and Respondent.

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INTRODUCTION

Plaintiff Maria L. Gonzalez (Maria)[1] appeals from the trial court's order granting the motion of defendant Javier Gonzalez (Javier) to set aside a portion of a real property stipulated agreement (Agreement) reached during a mandatory settlement conference in the parties' dissolution action. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

On August 8, 2002, Maria filed an action against Javier to dissolve their marriage of 28 years and 9 months. Their community real property consisted of several parcels, including the family residence and several multi-unit buildings. Initially, Javier's default had been taken on November 6, 2002. On May 22, 2003, however, after a hearing, the trial court granted Javier's motion to set aside his default.

At a subsequent mandatory settlement conference held on February 23, 2004, the parties entered into the Agreement as to the distribution of four of the community real properties. The Agreement consists of a pre-printed form in which boxes were checked and blanks were filled in by printing by hand. Section 511 of the Agreement was printed by hand. The primary portion at issue is the first paragraph of section 511: â€