California Court of Appeal

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McLintock v. Djulus, 069757

The Court reversed a family commissioner's judgment dissolving the parties' marriage and related orders concerning child custody, visitation, child and spousal support, and an award of attorney fees, where: 1) the commissioner failed to obtain one party's stipulation to having the matter heard by a temporary judge, as required by the California Constitution, Article VI section 21; and 2) the tantamount stipulation doctrine did not apply where the record shows that the commissioner never advised the parties that she was a commissioner, and that the objecting party, proceeding in propria persona, did not and should not have known she was a commissioner.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/14

Judges

  • BENKE

Court

  • California Court of Appeal

Counsel


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