Marriage of Ngo and Tran CA4/2

California Court of Appeal Mar 6, 2025 No. E082746Unpublished

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Holding. The court dismissed the appeal because the appellant lacked standing to appeal the dissolution judgment and postjudgment fees order due to an express waiver of the right to appeal in a signed agreement and his stipulation to the judgment.

Issues

Whether a party who has expressly waived the right to appeal in a signed agreement has standing to appeal the judgment.
Whether a party who has stipulated to a judgment has standing to appeal that judgment.
Whether the appellant provided an adequate record to challenge the postjudgment fees order.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“Tran lacks standing to appeal either order, so we dismiss.”

“A party may expressly waive the right to appeal from any judgment.”

“It is settled that a party cannot appeal from a judgment to which he has stipulated.”

Filed 3/6/25 Marriage of Ngo and Tran CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re the Marriage of QUYEN T. NGO and TRUNG N. TRAN.

QUYEN T. NGO, E082746 Respondent, (Super.Ct.No. FAMSS2004633) v. OPINION TRUNG N. TRAN,

Appellant.

APPEAL from the Superior Court of San Bernardino County. Carlos M. Cabrera,

Judge. Dismissed.

Trung N. Tran, in pro. per., for Appellant.

Quyen T. Ngo, in pro. per., for Respondent.

Appellant Trung N. Tran purports to appeal from both (1) the judgment of

dissolution of his marriage to respondent Quyen Ngo and (2) a postjudgment fees order. 1 Tran lacks standing to appeal either order, so we dismiss.

The dissolution judgment contains an “Agreement for Judgment” (Agreement)

stating that the parties were married in 2005 and separated in 2020. After listing the

parties’ agreement on several issues, the agreement states that “[b]oth parties waive [the]

Statement of Decision and any right to appeal.” It then states that Tran “represents to the

court that he is unrepresented during the signing of this Agreement and the finalization of

this dissolution matter. He knowingly and intelligently waives his right to have an

attorney represent him during this process. . . . [Tran] has been advised to seek counsel to

Marriage of Ngo and Tran CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAPHAEL J.

RAMIREZ P. J.

MENETREZ J.

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