Rosevear

Rosevear v. Rosevear

Bad Law
1998 Cal. App. LEXIS 631·65 Cal. App. 4th 673·76 Cal. Rptr. 2d 691·98 Daily Journal DAR 7807·98 Cal. Daily Op. Serv. 5607
Court of Appeal of CaliforniaJuly 16, 1998No. A077145California5,527 words

Opinion

Lead Opinion

McGuiness, J.

Carol Rosevear appeals from an order granting respondent Jack Rosevear’s motion pursuant to Code of Civil Procedure section 664.6 for entry of judgment by stipulation, and denying her motion pursuant to Code of Civil Procedure section 473 and Family Code 1 section 2120 to set aside the same judgment. Carol 2 contends the trial court abused its discretion in refusing to grant her motion to set aside the stipulated judgment. We affirm the trial court’s order and entry of judgment.

I. Factual and Procedural Background

The parties separated on November 29, 1993. Jack filed a petition for dissolution of his marriage with Carol on January 28, 1994. Carol and the parties’ children continued to live at the family home in Novato. After separation, Jack continued to pay for most of the household expenses, including the mortgage on the family residence, utilities, telephone, and groceries. Because most of his income was going to pay these expenses, Jack could not afford a residence of his own, and so lived with his mother for the first year of separation.

*676 During most of the parties’ 12-year marriage, Jack was employed by the County of Marin Fire Department as a firefighter.…

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