Marriage of Hall CA6

Background On June 15, 2010, in the course of marital dissolution proceedings, the parties signed a "Stipulation and Order" to resolve protracted issues over spousal support and division of their assets and obligations. The stipulation allowed the Honorable Catherine Gallagher, a retired superior court judge, to serve as temporary judge. In that capacity she was given authority to control discovery matters, conduct settlement conferences, and enter any orders she believed necessary regarding the controverted issues in the proceedings. The parties and their attorneys signed the stipulation between May 18 and June 10, 2010. On June 11, 2010, Judge Gallagher signed a "Consent and Oath of Office," in accordance with article VI, section 21 of the California Constitution, and California Rules of Court, rules 2.830-2.834.1 However, she also signed the second signature line on that page, which was titled "Order of Appointment of Temporary Judge and Order Approving Stipulation." Rule 2.831(b) requires the order designating a temporary judge to be signed by the presiding judge or the presiding judge's designee. Thus, the appointment order was technically improper. The parties'…