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In re Marriage of Oliverez

California Court of Appeals, Sixth District

July 24, 2015

In re the Marriage of DONNA and MARK OLIVEREZ.
v.
v. MARK OLIVEREZ, Respondent.

Santa Cruz County Superior Court Superior Court No. FL024506 Honorable Stephen S. Siegel

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[Copyrighted Material Omitted]

Page 1244

COUNSEL

Stephen S. Siegel Attorneys for Appellant Law Office of Howard L. Hibbard

Law Office of Howard L. Hibbard and Howard L. Hibbard for Appellant.

No appearance for Respondent

OPINION

RUSHING, P.J.

Introduction

Appellant Donna Oliverez (wife) petitioned to dissolve her marriage to respondent Mark Oliverez (husband). The parties purportedly entered a

Page 1245

marital settlement agreement (hereafter “the Agreement”), and husband subsequently filed a motion to enforce judgment pursuant to Code of Civil Procedure section 664.6.[1] 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 ...


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