Marriage of Georgi-Juarez and Juarez CA4/3

Filed 6/17/16 Marriage of Georgi-Juarez and Juarez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re the Marriage of SANDRA GEORGI-JUAREZ and FERNANDO JUAREZ.

SANDRA GEORGI-JUAREZ, G050639 Respondent, (Super. Ct. No. 13D000049) v. OPINION FERNANDO JUAREZ,

Appellant.

Appeal from a judgment of the Superior Court of Orange County, Glenn R. Salter, Judge. Appeal dismissed. Law Offices of Allan E. Perry and Allan E. Perry for Appellant. John K. York for Respondent.

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1. Introduction Fernando Juarez (Fernando) appeals from the judgment dissolving his marriage to Sandra Georgi-Juarez (Sandra). Fernando contends the trial court erred by ruling that a prenuptial agreement between Sandra and him was unenforceable and by awarding her temporary spousal support and attorney fees. The judgment from which Fernando appeals was based on a stipulation reached as a result of settlement negotiations commenced after the trial court made its ruling. As part of the settlement, Fernando stipulated that the prenuptial agreement was “void and unenforceable.” Fernando lacks standing to appeal from a stipulated judgment, and he did not file a notice of appeal from the order awarding Sandra temporary spousal support and attorney fees. We therefore dismiss the appeal. In a companion case (appeal No. G051351), Fernando challenges the trial court’s order awarding Sandra $20,000 for attorney fees and costs incurred in this appeal. Appeal No. G051351 is the subject of a separate opinion.

2. Facts and Procedural History Sandra and Fernando were married in September 2006. A few days before they were married, Sandra and Fernando signed a prenuptial agreement. Sandra filed a petition for dissolution of marriage in January 2013. Sandra requested an order for temporary spousal support and attorney fees. In response, Fernando asserted both he and Sandra waived any right to spousal support in the prenuptial agreement. By minute order made on July 22, 2013, the trial court ordered that the issue of the validity of the prenuptial agreement be tried separately. In the same minute order, the court awarded Sandra temporary spousal support of $2,000 per month and attorney fees of $7,500.