Severson v. Sup. Ct
Filed 5/31/06 Severson v. Sup. Ct. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| JOHN A. SEVERSON, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; TAMERA D. SEVERSON, Real Party In Interest. | G036232 (Super. Ct. No. D297403) O P I N I O N |
Original proceedings; petition for a writ of prohibition/mandate to challenge an order of the Superior Court of Orange County, Nancy Pollard, Judge. Petition denied.
Steven L. Dickinson for Petitioner.
William M. Hulsy and Tamera D. Severson, in pro. per., for Real Party in Interest.
* * *
Tamera and John Severson, formerly husband and wife, entered into a stipulated settlement for John's payment of child support arrearages which was adopted by the trial court in April 2003. In 2005, Tamera claimed John had not paid and moved to enforce her claim against John's interest in three limited liability companies. The trial court issued an order charging John's interest in two of the companies and foreclosing on the third; it also set a contempt hearing for John's failure to comply with the April 2003 order.
John claims the April 2003 order is invalid because it purports to enforce an illegal contract between the parties. We find John is estopped to challenge the invalidity of the order and deny the petition.
FACTS
John and Tamera's marriage was dissolved in February 1990. The judgment provided for joint physical custody of their minor child, Grant, and for John to pay $1500.00 per month in child support. John paid as agreed for one year. Between March 1991 and May 1994, he paid a total of $2500.00; after that, the payments ceased altogether.
In August 2001, Tamera filed an order to show cause re child support arrearages and attorney fees, claiming John owed $49,700.00 in unpaid support and $44,200.96 in interest as of July 1, 2001. She and John entered into a settlement, which was made an order of the court on April 9, 2003. Both parties were represented by counsel; John's counsel, Minyard and Morris, drafted the order. The order provides: â€
