California Court of Appeal

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In re Marriage of Boblitt, C072685

The trial court's postjudgment order relating to the division of the proceeds from the sale of a parcel of community real property, where the trial court added an issue to those that were scheduled to be heard less than one month before the hearing, is affirmed, where: 1) wife's due process claims fails because in a marital dissolution proceeding like this, once discovery closes before the initial date set for trial of the action, no provision of law operates to automatically reopen it upon or in connection with the filing of a postjudgment motion; and 2) because wife never moved to reopen discovery following the filing of the postjudgment motion on which the evidentiary hearing was set, she was not deprived of any discovery rights by the trial court's ruling relating to the scope of the issues to be heard.

Appellate Information

  • Decided 02/07/2014
  • Published 02/07/2014

Judges

  • ROBIE

Court

  • California Court of Appeal

Counsel