Sanchez v. Sanchez

GARDNER, J. pro tem.

*

The parties were married in 1943, separated in 1962. On October 13, 1966, husband filed a complaint for divorce; a copy of the summons and complaint Was served on the wife on October 15, 1966. An interlocutory judgment of divorce by default was granted husband on December 1, 1966. This judgment found that there was no community property, gave the wife no support, granted' her custody of the minor child of the parties and an award of $75 per month for that child’s support. On September 21, 1967, wife was committed to the Metropolitan State Hospital pursuant to Welfare and Institutions Code, section 5550 et seq. A final judgment of divorce was obtained by husband on October 16,1967. On October 19,1967, Laura La Cava as guardian ad litem for wife filed a motion to vacate the default and set aside the judgment, which motion was granted on December 20,1967.

The basis of the guardian ad litem’s motion was that the wife was mentally incompetent at the time of the entry of her default and that, therefore, she was deprived of the right to be heard, thus preventing a fair adversary proceeding.

In support of this motion the guardian ad litem and her husband, Robert La Cava, filed the following declaration:

“We, Laura La Cava and Robert La Cava, husband and wife, declare as follows:

“Mart S. Sanchez, age 42, is the mother of Laura La Cava. Mary S. Sanchez is presently hospitalized at Metropolitan State Hospital, Norwalk, California, following proceedings held in Action No. S-10852 Orange County Superior Court, pursuant to Welfare and Institutions Code Sec. 5550' et seq.

[162]

“Mary S. Sanchez has had a history of mental illness having been previously committed to Norwalk Metropolitan Hospital in 1957. During the pendency of the divorce action initiated by Juan A. Sanchez, Mary A. Sanchez was under the same disabilities which resulted in her commitment to Metropolitan State Hospital and did not realize the full nature and significance of the proceedings being prosecuted against her.

“In the same period of time that the divorce proceedings were pending in this court, Mary S. Sanchez displayed a disregard for her personal welfare and, in fact, had to be continually reminded to eat her meals regular. She would rarely leave her residence unless accompanied by her daughter or son-in-law. She was incapable of doing any type of work or engaging in any kind constructive activity or employment. Mary S. Sanchez lost her home for failure to make timely payments on the mortgage although given due and proper notice to do so. She failed to inform any of her relatives, including her own daughter, regarding the notice of default and finally regarding the notice of foreclosure. She has no sense of being able to cope with the realities of ordinary affairs and, thus, does not understand why she lost her home through foreclosure.