Binette

Binette v. Binette (In re Binette)

Good Law
235 Cal. Rptr. 3d 354·24 Cal. App. 5th 1119
Court of Appeal of CaliforniaJune 29, 2018E068010California5,464 words

Opinion

lead Opinion

Ramirez, J.

*1122 In this family law matter between William Binette (husband) and Diane Binette (wife), husband appeals from an order setting aside a default judgment that incorporated a marital settlement agreement (MSA). He contends the trial court erred by considering evidence not presented, submitted, or admitted at the hearing, in violation of Family Code 1 section 217. He further asserts that the court erroneously relied upon an incorrect legal standard when it found the failure to complete preliminary and final disclosures provided sufficient *357 grounds to vacate the judgment. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Husband and wife were married on February 14, 2002, and they separated on January 1, 2015. On July 21, 2015, husband petitioned the court for legal separation and filed a preliminary declaration of disclosure, which included (1) his separate property declaration (Form FL-160); (2) his community and quasi-community property declaration (Forms FL-160 & FL-161); and (3) his income and expense declaration (Form FL-150). Nine days later, a notice and *1123 acknowledgment of receipt of the petition and husband's preliminary disclosures was filed; however, wife did not…

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