In Re Marriage of Monge
Opinion
Opinion
SIMS, Acting P.J.
In 1971, appellant Carolyn Janell Monge, who is now known as Carolyn Janell Gerig (hereafter Gerig), obtained a final judgment of dissolution of marriage from respondent Raymond Joseph Monge (hereafter Monge). The judgment provided for payment by Monge of both child support and spousal support.
In May 2000, Gerig, acting in propria persona, filed in Tehama County Superior Court a Judicial Council form seeking an order to show cause to establish child support and spousal support arrearages. The form did not advise Gerig that the matter would be heard by a commissioner unless she objected and did not advise her of her right to review by a superior court judge.
The superior court conducted two hearings on Gerig's application for an order to show cause at which Gerig appeared without counsel. The hearings were presided over by a commissioner, who did not advise Gerig that the matter was being heard by a commissioner who shall act as a temporary judge unless any party objects to the commissioner acting as a temporary judge.
Following the hearings, in August 2000, the commissioner entered an order denying Gerig's application for an order to show cause.