Marriage of Martinez CA4/1

Good Law
Court of Appeal of CaliforniaJuly 31, 2024D082154California3,112 words

Opinion

Opinion

INTRODUCTION

Jose L. Martinez filed a petition for the dissolution of his marriage to

Darlene C. Martinez.1 Darlene did not respond to the dissolution petition, which resulted in the entry of a default and a default judgment. At Darlene’s request, the family court vacated portions of the default judgment relating to property division and instructed Jose to establish the value of the community estate at a default prove-up hearing—an order our court affirmed on appeal. (In re Marriage of Martinez (Oct. 21, 2021, D078063) [nonpub. opn.] (Martinez).) In 2023, after the default prove-up hearing, the family court divided the community estate based on its value as of the date of the original default judgment. Darlene challenges the family court’s valuation and division of the community estate. She contends the court erred by using 2018 (the date of the original default judgment), rather than 2023 (the date of the default prove-up hearing), as the valuation date for the community estate. Finding no prejudicial error, we affirm. II

BACKGROUND

A. Proceedings Before the Prove-Up Hearing The clerk’s transcript consists solely of an unsigned family court minute order, a notice of appeal,…

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