Marriage of Valdivia CA5

Filed 1/12/16 Marriage of Valdivia CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re the Marriage of VERONICA AGUILAR VALDIVIA and ROGELIO GOMEZ VALDIVIA.

VERONICA AGUILAR VALDIVIA, F070907

Respondent, (Super. Ct. No. S1500FL624645)

v. OPINION ROGELIO GOMEZ VALDIVIA,

Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John L. Fielder, Judge. Rogelio Gomez Valdivia, in propria persona, for Appellant. No appearance for Respondent. -ooOoo- We are charged with deciding an appeal with an inadequate record, which makes it impossible to address the merits of this appeal. Rogelio Gomez Valdivia, who apparently

* Before Levy, Acting P.J., Gomes, J. and Kane, J.

has been incarcerated throughout these proceedings, appeals from a judgment dissolving his marriage to Veronica Aguilar Valdivia,1 which, among other things, awarded Veronica a car but did not mention a double axle trailer or a truck that Rogelio claims Veronica gave him during the marriage. Rogelio asserts that while Veronica agreed that he should be awarded the truck in the dissolution proceedings, she did not disclose the truck to the court, and he agreed not to contest the divorce based on her assertion that she would disclose the truck’s whereabouts. He contends, for various reasons, that he was deprived of a fair trial, and asks us to order an evidentiary hearing to determine the location and disposition of the truck. We affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND We have culled the following information from the clerk’s transcript, which consists only of the register of actions, the judgment, the notice of appeal, and the notice designating the record on appeal. Veronica filed a petition for dissolution of marriage on January 6, 2014.2 Rogelio was served with process shortly thereafter. Rogelio filed a response on March 5. Veronica filed a declaration regarding service of a preliminary declaration of disclosure on March 7, while Rogelio filed a declaration regarding service of a preliminary/final disclosure on April 22. A July 3 mandatory settlement conference was continued to September 25 because Rogelio was in custody. At the September 25 settlement conference, a court trial was set for October 28, and the parties were ordered to file their final declarations of disclosure, updated income and expense declarations, and trial briefs 10 days before trial. Veronica appeared at the conference, but Rogelio did not.