Zaragoza

Zaragoza v. Superior Court

Good Law
1996 Cal. App. LEXIS 901·49 Cal. App. 4th 720·57 Cal. Rptr. 2d 1·96 Daily Journal DAR 11739·96 Cal. Daily Op. Serv. 7170
Court of Appeal of CaliforniaSeptember 24, 1996B102410California398 words

Opinion

Opinion

Hastings, J.

In this writ proceeding we conclude that the failure to timely file a motion to quash pursuant to California Rules of Court, rule 1230(a)(2), results in a waiver of the right to assert a prior Nevada judgment of dissolution as res judicata in the present action for dissolution of marriage.

Statement of the Case

In December 1993, Elva Zaragoza (Elva) filed a petition for dissolution of marriage and alleged she had been a resident of the State of California for six months and of the County of Los Angeles for three months; she had been married to Roberto Zaragoza (Roberto) since June 12, 1977; and they had separated in October 1993. She sought an order of joint custody of the party’s two minor children, requested that property rights be determined, and sought to terminate the court’s jurisdiction to award spousal support to Roberto.

On January 11,1994, Roberto filed a response and “request for dissolution of marriage.” Consistent with Elva, he also alleged he had been a resident of the State of California for six months and a resident of the County of Los Angeles for three months. He also alleged the parties had been married on June 12, 1977, and had separated in October…

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