Marriage of Hall CA6

Filed 8/26/13 Marriage of Hall CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re the Marriage of RENEE and H037754 MICHAEL HALL. (Santa Cruz County Super. Ct. No. FL024893)

RENEE HALL,

Appellant,

v.

MICHAEL HALL,

Respondent.

In this appeal Renee Hall (Renee) challenges a family court order denying her motion to declare a prior marital settlement agreement (MSA) void. Renee contends that the temporary judge who approved the parties' MSA acted without jurisdiction because she signed the stipulated order of appointment herself, rather than obtaining the signature of the presiding judge of the superior court or his designee. We find no basis for reversal in the circumstances presented and will therefore affirm the order. Background On June 15, 2010, in the course of marital dissolution proceedings, the parties signed a "Stipulation and Order" to resolve protracted issues over spousal support and division of their assets and obligations. The stipulation allowed the Honorable Catherine

Gallagher, a retired superior court judge, to serve as temporary judge. In that capacity she was given authority to control discovery matters, conduct settlement conferences, and enter any orders she believed necessary regarding the controverted issues in the proceedings. The parties and their attorneys signed the stipulation between May 18 and June 10, 2010. On June 11, 2010, Judge Gallagher signed a "Consent and Oath of Office," in accordance with article VI, section 21 of the California Constitution, and California Rules of Court, rules 2.830-2.834.1 However, she also signed the second signature line on that page, which was titled "Order of Appointment of Temporary Judge and Order Approving Stipulation." Rule 2.831(b) requires the order designating a temporary judge to be signed by the presiding judge or the presiding judge's designee. Thus, the appointment order was technically improper. The parties' stipulation, however, included an express waiver of "any rules of Court that may preclude appointment of [Catherine Gallagher] as the Temporary Judge, or limit her authority as Temporary Judge." The parties further agreed that the stipulation would be effective as of the last date on which it was signed by both parties and both of their attorneys. That occurred on June 10, 2010, the day before Judge Gallagher signed the Consent and Oath of Office. Judge Gallagher conducted a 14-hour settlement conference on June 21, 2010. At the end of that session the parties signed an MSA, which included an acknowledgment that they were fully informed about the subject matter and their rights and obligations, that they entered into the agreement voluntarily, and that they understood each of its provisions. The MSA also directed the parties to incorporate the agreement in the ensuing dissolution judgment and to "request that the court approve and order performance of all of its terms; provided, however, that this Agreement shall be effective