California Court of Appeal

In a former-husband's appeal of a default judgment disposing of reserved issues in a marital dissolution proceeding, which raises an issue of first impression as to whether a default judgment is void for lack of notice where the marital dissolution petition requests the court to determine the property rights of the parties but does not list any property, the trial court's judgment is affirmed where: 1) the default judgment is valid and enforceable because husband appeared in the proceedings by filing a response listing assets and debts subject to disposition, and husband received notice of the assets and debts disposed of in the default judgment by being served with the wife's two preliminary declarations; and 2) any deficiency in notice was waived by hudband's response to the petition and preliminary declaration, both of which listed the property disposed of in the default judgment.

Appellate Information

• Published 2015/12/10

Judges

• CODRINGTON

Court

• California Court of Appeal

Counsel