Marriage of Diamond

Filed 11/5/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

In re Marriage of SUSAN and B321833

TROY MITCHELL

DIAMOND. (Los Angeles County Super. Ct. No. BD593432)

SUSAN DIAMOND,

Appellant,

v.

TROY MITCHELL

DIAMOND,

Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Lawrence P. Riff, Judge. Affirmed. Susan Diamond, in pro. per.; Blain & Associates and Tony Blain for Appellant. Stanton Law Corporation, Marian L. Stanton and Harold J. Stanton for Respondent. _________________________________ Susan Diamond appeals from an order denying her request to set aside the judgment in this marital dissolution proceeding. Susan1 contends the family court erred in denying her motion to vacate the judgment pursuant to Family Code section 2122, subdivisions (c) and (d),2 based on duress and mental incapacity during the dissolution proceeding. As the court acknowledged, the Family Code does not define mental incapacity or duress. However, with respect to mental incapacity, we find guidance in Probate Code section 810, which governs an individual’s ability…