In Re Marriage of Andresen

Bad Law
1994 Cal. App. LEXIS 986·28 Cal. App. 4th 873·34 Cal. Rptr. 2d 147·94 Daily Journal DAR 13683·94 Cal. Daily Op. Serv. 7500
Court of Appeal of CaliforniaSeptember 28, 1994F018910California4,843 words

Opinion

Opinion

Dibiaso, J.

Conrad Andresen (husband) appeals from an order denying his motions to set aside a 1987 default and vacate a 1991 default judgment in this marital dissolution action. We affirm.

Statement of Case and Facts

In May 1986, Elizabeth Andresen (wife) filed a standard form petition for dissolution of the parties’ marriage. Part 5 of her petition was completed as follows:

“5. Declaration Regarding Community and Quasi-community Assets and Obligations as Presently Known

“a. [ ] There are no such assets or obligations subject to disposition by the court in this proceeding.

“b. [ ] All such assets and obligations have been disposed of by written agreement.

“c. [x] All such assets and obligations are listed in the property declaration to be filed with this petition.

“d. [ ] All such assets and obligations are listed below.”

In addition, the wife checked, among others, the box in part 7 of the petition which requested, as a component of the relief she desired, that “property rights be determined.”

The top half of the first page of the standard form community property declaration, filed simultaneously with the wife’s petition and incorporated in it by reference, contained in…

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