Panesar v. Panesar CA4/1

Filed 8/9/13 Panesar v. Panesar CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

PRITPAL PANESAR, D060842

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2011-00091906- CU-OR-CTL) SANDRA PANESAR,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of San Diego County,

Judith F. Hayes, Judge. Reversed and remanded.

Sharron Voorhees for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Pritpal Panesar sued his ex-wife, Sandra Panesar, for partition of property

allegedly acquired after they divorced, partnership dissolution, accounting and other

relief. Sandra demurred to the complaint, alleging the court lacked subject matter

jurisdiction because the case belonged in family court. The court sustained the

demurrer without leave to amend and dismissed the action. Pritpal appealed from the

judgment, and Sandra filed a notice of nonopposition.

Thereafter, the parties filed a "stipulation for reversal, remand to superior court,

and issuance of remittitur." We rejected the stipulation based on the parties' failure to

comply with Code of Civil Procedure section 128, subdivision (a)(8), and