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Marriage of Anderson

28 Cal. App. 4th 873 (1994)

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Marriage of Anderson

Court of Appeal of California

28 Cal. App. 4th 873 (1994)

Facts

In May 1986, Elizabeth Andersen (plaintiff) filed a standard form petition for dissolution of marriage from Conrad Anderson (defendant). Elizabeth checked the box on the petition indicating that assets and obligations would be listed in the property declaration filed along with the petition. Elizabeth also checked the box requesting that the court determine the parties’ respective property rights. Elizabeth listed 10 items as community assets and listed several creditors as debts. Elizabeth did not list values for the assets or debts. Further, Elizabeth did not request the court to divide the property in any particular manner. In 1987, a default judgment was entered against Conrad. In 1988, Conrad moved to set aside the judgment. The trial court denied Conrad’s motion but ruled that the judgment gave Elizabeth more relief than Elizabeth originally requested in the petition. A new judgment was entered in 1989. In 1991, orders were filed that provided an in-kind division of the Andersons' community assets and liabilities. The court ordered Conrad to pay $9,916.50 as an equalizing payment to Elizabeth. In August 1991, Conrad moved to set aside the default judgment and the orders filed in 1991. The trial court denied Conrad’s motion. Conrad appealed.

Rule of Law

Issue

Holding and Reasoning (DiBiaso, J.)

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