Marriage of Weaver CA1/1

Filed 5/31/13 Marriage of Weaver CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

In re the Marriage of BOYD KEVIN and

VICKI L. WEAVER.

BOYD KEVIN WEAVER,

Respondent, A134687 v. (Alameda County VICKI L. WEAVER, Super. Ct. No. HF08383680) Appellant.

Lead counsel for appellant Vicki L. Weaver (Vicki) claims he did not realize a trial was set for October 3, 2011. He sent a junior attorney and informed Vicki her presence was not required. He was wrong. Trial proceeded. Vicki contends her right to due process was violated. We disagree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On April 24, 2008, respondent Boyd Kevin Weaver (Boyd) petitioned to dissolve his marriage to Vicki. The trial court…