In re Marriage of Daly and Oyster

David F. Oyster appeals from a limited judgment on a reserved issue in this marital dissolution action, arguing the judgment was grounded on a document made inadmissible by Evidence Code section 1119. We agree and affirm.

BACKGROUND

Joanne R. Daly and Oyster were married in 1981 and separated in 2004. In 2005, Daly filed a marital dissolution petition in the Los Angeles Superior Court. The petition was never served on Oyster and no other documents were filed, but the parties entered into mediation which resulted in a proposed stipulated judgment that settled all issues concerning marital rights, including child custody and support, spousal support, and division of property.

Specifically, the stipulated judgment, dated June 2006, provided for allocation of four parcels of real property and division of personal property, including three automobiles, three checking accounts, four retirement accounts, four life insurance policies, and five credit accounts, with Daly waiving her right to an equalization payment of approximately $340,000. The stipulated judgment provided for joint legal custody of the parties’ one minor child (who is now 17 years old) and set forth a…