Fear Not Law CA Unpub Decisions

Marriage of Parker CA4/2

Filed 6/23/26 Marriage of Parker CA4/2
CA Unpub Decisions

Filed 6/23/26 Marriage of Parker CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re the Marriage of ALEYDA and
DANIEL PARKER.

ALEYDA PARKER,
E085096
Respondent;
(Super.Ct.No. FLHE2005758)
DANIEL PARKER,
OPINION
Appellant.

APPEAL from the Superior Court of Riverside County. Mark A. Madio, Judge.

Dismissed.

Daniel Parker, in pro. per., for Appellant.

No appearance for Respondent.

INTRODUCTION

In this legal separation action, the husband appeals from the trial court’s rulings

denying (1) his request to register and validate a divorce decree that he purportedly

obtained in the United Arab Emirates after the wife initiated this case and (2) his motion

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to quash the wife’s legal separation petition for lack of subject matter jurisdiction.

Because the husband challenges nonappealable interim rulings on bifurcated issues, we

dismiss the appeal for lack of jurisdiction. (See, e.g., Marriage of Loya (1987)

189 Cal.App.3d 1636, 1638-1639.)

FACTUAL AND PROCEDURAL BACKGROUND

Appellant Daniel Parker and respondent Aleyda Parker have been married since

1993.1 On December 4, 2020, Aleyda filed a petition for legal separation. Daniel was

represented by counsel early in the proceedings. While represented by his first counsel,

Daniel filed (1) a response to the petition, asking the court to order that their family home

in Temecula be listed for sale and consenting to an order of spousal support “reduced by

the amount [he was] paying monthly in mortgage payments, insurance, and property

taxes on the family home”; and (2) a request for a divorce on the grounds of

irreconcilable differences.

On September 13, 2021, the trial court ordered Daniel to pay Aleyda $2,358 a

month in temporary spousal support. About a week after that order, Daniel changed

counsel. Through his new attorney, on December 14, 2021, Daniel filed a request asking

the court to register a divorce decree from the United Arab Emirates, dated March 3,

2021. The request alleged that “[t]he parties have already terminated their marital status

as of March 3, 2021 and the parties should be deemed divorced (status-only) as of this

date.”

1 Because the parties share the same last name, we refer to them by their first
names. No disrespect is intended.

2
Daniel began representing himself a few days later and, on December 17, 2021, he

filed a motion to quash Aleyda’s petition for lack of subject matter jurisdiction, terminate

the temporary spousal support award, and dismiss the case. Daniel attached to his motion

a document purporting to contain the original divorce decree (in Arabic) and a “legal

translation” of the decree into English. The translated version of the decree, which bears

the title, “Substantiation of First Revocable Divorce,” states that on March 3, 2021,

Daniel appeared before a “judge of Abu Dhabi Court of First Instance” and “declared that

he divorced his wife saying to her on 01/06/2020 AD: ‘I divorce you.’ ” The translated

version further states: “In view of the foregoing, it is substantiated that [Daniel] divorced

his wife [Aleyda] the first revocable divorce today on 03/03/2021 AD and declared that

he did not reinstate the marriage within the waiting period, and whereby he may not

reinstate the marriage with her except with a new marriage contract with its Sharia

conditions, accordingly she shall count her waiting period as of today according to her

status for lack of adequate evidence on the divorce date, along with reservation of the

divorcee rights resulting from such divorce.” At Daniel’s request, the trial court found

good cause to bifurcate the issues of “the effect of a purported divorce decree from the

United Arab Emirates . . . and the extent of this Court’s subject matter jurisdiction.”

On November 23, 2024, after a trial that took place over 11 days between

November 2022 and August 2024, the court issued a statement of decision denying

Daniel’s request to register the foreign divorce decree and denying his motion to quash

for lack of subject matter jurisdiction. The trial court articulated the following four

independent grounds for its rulings: (1) the foreign, “revocable” divorce decree was

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inadmissible because Daniel failed to authenticate it; (2) even if the decree was

admissible, there was no evidence that it was final under the law of the United Arab

Emirates; (3) even if the decree was admissible and final, it would not be enforceable in

California because Daniel and Aleyda were domiciled in California when the decree was

issued; (4) the decree was unenforceable for the additional reason that it violated

California public policy because Aleyda was not given notice of the proceedings.

The statement of decision was filed on November 25, 2024. On December 2,

2024, Daniel filed a notice of appeal stating that he was appealing from a “[j]udgment

after court trial” that was entered on November 25, 2024..

DISCUSSION

Representing himself on appeal as he did during the bifurcated trial, Daniel

contends that the court erred by refusing to register the foreign divorce decree and to

quash Aleyda’s petition for lack of subject matter jurisdiction. Because the rulings

Daniel challenges are not appealable, we lack jurisdiction to reach the merits of his

arguments.

“A reviewing court has jurisdiction over a direct appeal only when there is (1) an

appealable order or (2) an appealable judgment.” (Griset v. Fair Political Practices

Com. (2001) 25 Cal.4th 688, 696 (Griset); Code Civ. Proc., § 904.1.) “ ‘ “There is no

constitutional right to an appeal; the appellate procedure is entirely statutory and subject

to complete legislative control.” ’ ” (In re Marriage of Lafkas (2007) 153 Cal.App.4th

1429, 1432 (Lafkas); see Griset, at p. 696.) “A trial court’s order is appealable when it is

made so by statute.” (Griset, at p. 696.)

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“ ‘California is governed by the “one final judgment” rule which provides

“interlocutory or interim orders are not appealable, but are only ‘reviewable on appeal’

from the final judgment.” [Citation.] The rule was designed to prevent piecemeal

dispositions and costly multiple appeals which burden the court and impede the judicial

process.’ ” (In re Marriage of Grimes & Mou (2020) 45 Cal.App.5th 406, 418 (Grimes).)

Thus, “[i]f there are unresolved causes of action between the parties, the judgment is not

final and an appeal therefrom must be dismissed.” (Lafkas, supra, 153 Cal.App.4th at

p. 1432.)

This appeal is not from a final judgment. In his opening brief, Daniel argues that

we have appellate jurisdiction under Code of Civil Procedure section 904.1, subdivision

(a)(1), because the “appeal arises from the entry of a final judgment following a court

trial on a petition for legal separation.” But Daniel misunderstands the purpose of the

bifurcated trial, which was not to adjudicate the merits of the petition but to resolve

preliminary issues that Daniel himself raised regarding a divorce decree he purportedly

obtained in the United Arab Emirates in March 2021, three months after Aleyda filed for

legal separation in California. The court’s rulings on those preliminary issues do not

constitute the final judgment. The main issues in this case—marital status, spousal

support, and property division—remain to be determined.

Family Code section 2025 provides a method for appealing interim rulings in

marital dissolution or separation actions. (In re Marriage of Nicholson & Sparks (2002)

104 Cal.App.4th 289, 291, fn. 1.) That provision allows a court to bifurcate trial and

certify a ruling on a bifurcated issue for immediate appeal (Fam. Code, § 2025; Cal.

5
Rules of Court, rule 5.392), but Daniel did not avail himself of this remedy in the trial

court by following the procedure set forth in that statute and corresponding court rule.

(In re Marriage of Doherty (2002) 103 Cal.App.4th 895, 898.) As a result, we must

dismiss the appeal for lack of jurisdiction. Daniel has an adequate appellate remedy by

way of an appeal from the final judgment.

It bears noting that, even if the challenged rulings had been appealable, we would

have been required to affirm because Daniel failed to provide an adequate appellate

record. On appeal, we presume that challenged judgments and orders are correct, and an

appellant, even one representing himself, bears the burden of demonstrating error.

(Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247.) “In order to demonstrate

error, an appellant must supply the reviewing court with some cogent argument supported

by legal analysis and citation to the record” (City of Santa Maria v. Adam (2012)

211 Cal.App.4th 266, 286-287), as well as “an adequate record to assess error” (Maria P.

v. Riles (1987) 43 Cal.3d 1281, 1295; see generally Cal. Rules of Court, rules 8.120,

8.204(a)(1)(B) & (C)). The appellate record contains only four of the 11 days of trial,

which is reason alone to resolve the issues against Daniel. (Riles, at p. 1296.)

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DISPOSITION

The appeal is dismissed. Daniel is to bear his own costs on appeal.2 (Cal. Rules

of Court, rule 8.278(a)(5).)

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

FIELDS
Acting P. J.
We concur:

RAPHAEL
J.

MENETREZ
J.

2 We do not award costs to Aleyda because she did not make an appearance in
this court.

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