Gasparovic

Gasparovic v. Gasparovic CA2/7

Good Law
Court of Appeal of CaliforniaNovember 7, 2024B316555California5,843 words

Opinion

Opinion

INTRODUCTION

Wannee Gasparovic appeals the family court’s denial of her request for an order setting aside the 2020 judgment of dissolution of her marriage to Tony Gasparovic, which was entered pursuant to a marital settlement agreement between the parties after 20 years of marriage.1 Wannee raises a number of arguments, including that the marital settlement agreement was the product of fraud, mistake, inadvertence, surprise, and excusable neglect on her part, and that she signed it under duress, and seeks to set aside the judgment pursuant to Code of Civil Procedure section 473, subdivision (b), and Family Code section 2122.2 After a hearing with testimony from Wannee and Tony, the family court found that Wannee lacked credibility and that she had not demonstrated grounds to set aside the judgment entered on the marital settlement agreement. We conclude the court did not abuse its discretion and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Parties’ Marriage and Dissolution Wannee and Tony were married in November 1999. Before marriage, they signed a premarital agreement providing that all property they each might thereafter acquire, including earnings, real property,…

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