Marriage of Harper and Brown CA1/5

Filed 1/24/25 Marriage of Harper and Brown CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

In re the Marriage of ALETHEA HARPER and CHRISTOPHER BROWN.

ALETHEA HARPER, Respondent, A169459 v. CHRISTOPHER BROWN, (Alameda County Appellant. Super. Ct. No. HF19017560)

MEMORANDUM OPINION1 Christopher Brown appeals a verbal order the Alameda Superior Court made during a hearing, reflected in the minutes which direct the preparation of a written order. Because the record on appeal does not include the written order and the minute order itself is not appealable, we dismiss the appeal. The Relevant Proceeding In January 2022 the court entered a judgment dissolving Alethea Harper and Christopher Brown’s marriage. In May and June 2023

1 Cal. Stds. Jud. Admin., § 8.1; Ct. App., First Dist., Local Rules of Ct.,

rule 19.

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Christopher filed postjudgment requests for order which, after some rescheduling, the court heard on September 28, 2023.2 Concluding the hearing, the court ordered Alethea’s counsel to prepare a findings and order after hearing (see Judicial Council Forms, form FL-340), which the amended minute order reflects. The amended minute order does not reflect the court’s additional order that if the parties disagreed on what the findings and order after hearing should say they should submit alternatives to the court in October. The court then calendared a return date in February 2024 (rescheduled later), partially “in case something [from] this Request For Order [still] needs to be ruled upon.” The record on appeal does not include a findings and order after hearing for the proceeding on September 28, 2023. The Appealed Order Christopher’s notice of appeal identifies as the appealed order a judgment after court trial entered on November 8, 2023. Attached to the notice of appeal is a notice of entry of order filed on November 8, 2023, that says, “On 11/7/2023, the Court entered an order in this action. A copy of the order is attached to the service copy of this Notice (but not to the filed copy).” Though Alethea claims Christopher “failed to include the November 7, 2023 order anywhere in the designated record,” the record on appeal does include an order filed on that date: a calendar notice rescheduling the February 2024 return date (not a judgment). Meanwhile, Christopher’s opening brief, citing page 321 of the clerk’s transcript, says, “At issues [sic] is the Nov 8, 2023 Court’s order that ‘Father (Brown) may not speak with stepfather.’ ” Page 321 of the clerk’s transcript is page 2 of the minute order entered on September 28, 2023, which includes,