In re Marriage of Oliverez

Introduction

Appellant Donna Oliverez (wife) petitioned to dissolve her marriage to respondent Mark Oliverez (husband). The parties purportedly entered a marital settlement agreement (hereafter the Agreement), and husband subsequently filed a motion to enforce judgment pursuant to Code of Civil Procedure section 664.6. The trial court denied the motion, finding the Agreement unenforceable. Thereafter, the case was reassigned to a different trial court judge. After a trial on the merits, the court reconsidered and vacated the first trial judge’s finding that the Agreement was unenforceable.

On appeal, wife contends that the second trial judge erred in reconsidering and vacating the prior ruling of another trial judge. For the reasons stated below, we will reverse and remand.

Factual and Procedural Background

The parties were married in 1993 and separated in January 2007. Wife filed the petition for dissolution of marriage on January 19, 2007, and since then, the divorce proceedings have been “contentious” and “highly litigated” by the parties. At least five different judicial officers have made rulings in the underlying proceedings. Each party has been self-represented…