Elden
Elden v. Superior Court of L.A. Cty.
Opinion
Opinion
Boren, J.
Petitioner, David A. Elden, seeks a writ of mandate directing the superior court to set aside its order denying his petition to confirm an arbitration award. In performing our review, we must consider the application of Family Code provisions that require parties in a marital dissolution to serve preliminary and final declarations of disclosure on each other. (Fam. Code, § 2100 et seq.)
I. Factual and Procedural Background
Petitioner (hereafter Husband) and real party in interest, Paula Elden (hereafter Wife), are attorneys. Both are members of the State Bar of California. Each has practiced only in the area of criminal defense. They were married on November 17, 1978, and separated in either 1988 or 1989.
On August 11, 1994, Husband, in propria persona, filed a petition for dissolution of marriage. By stipulation, the matter was bifurcated and judgment of dissolution (status only) was entered on March 9, 1995.
Husband and Wife entered into a stipulation agreeing that “[t]his matter shall be tried to a final conclusion at an arbitration proceeding pursuant to California Code of Civil Procedure [section] 1280, et seq.” Husband and Wife also agreed that “[t]he award of…