Frederick

Frederick v. Superior Court

Good Law
167 Cal. Rptr. 3d 773·2014 Cal. App. LEXIS 123·223 Cal. App. 4th 988·2014 WL 470057
Court of Appeal of CaliforniaFebruary 6, 2014No. B250349California1,780 words

Opinion

Lead Opinion

Rothschild, J.

If a party dies between the time the court orally grants a judgment of dissolution and the time the court enters a written judgment of dissolution does the court lose jurisdiction to enter such judgment nunc pro tunc? For the reasons explained below, we hold the court does not lose jurisdiction to enter a nunc pro tunc judgment.

Alejandro and Thelma Martin were married on March 3, 2008, and separated on July 27, 2011. 1 Alejandro petitioned for dissolution of the marriage on October 18, 2011. Thelma responded to the petition on December 12, 2011. Several months later, on April 3, 2012, Alejandro petitioned for bifurcation of the marital status, requesting that the trial court enter a judgment dissolving the marriage and reserve jurisdiction over all other issues. At a hearing on May 7, 2012, the court granted Alejandro’s bifurcation petition. It granted a judgment of dissolution of marriage and reserved jurisdiction over all other issues. Alejandro’s counsel submitted a written judgment to the court at the hearing. On May 22, 2012, Alejandro passed away. On May 25, 2012, the court entered the written judgment of dissolution.

*991 On June 8, 2012, Alejandro’s counsel…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.