Marriage of Stevenson & Bosier CA5

Filed 5/31/22 Marriage of Stevenson & Bosier 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ELLERY JEAN and VICTORIA STEVENSON.

ELLERY JEAN STEVENSON, F082425

Respondent, (Super. Ct. No. 655132)

v. OPINION VICTORIA BOSIER,

Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Cynthia Hopper, Commissioner. Victoria Bosier, in pro. per., for Appellant. No appearance for Respondent. -ooOoo-

* Before Detjen, Acting P. J., Franson, J. and Peña, J.

At the center of this appeal is appellant Victoria Bosier’s effort to “amend” the judgment dissolving her marriage to Ellery Jean Stevenson in 2004. This opinion addresses the appealability of the decision made in the trial court, the validity of the decision made, and the adequacy of the record provided. We affirm the trial court’s denial of the request to amend. FACTUAL AND PROCEDURAL SUMMARY Appellant and Stevenson were married on January 21, 1995, and separated on July 14, 2000. On July 17, 2000, Stevenson filed a petition to dissolve the marriage, citing irreconcilable differences and stating no assets were subject to disposition. The record provided here lacks any evidence on how or when the petition was served on appellant. On August 29, 2000, Stevenson filed a request to enter a default judgment, noting appellant had not responded to the petition. Stevenson filed a declaration for default or uncontested dissolution on September 29, 2004. A judgment of dissolution of marriage was signed and filed on that same date. A notice of entry of judgment (2004 judgment), also filed on September 29, 2004, contained a mailing address for appellant. In October 2007, appellant went to the Fresno County Clerk’s Office and discovered that a judgment had been granted in September 2004 dissolving her marriage. Appellant contends that when she informed the clerk’s office that she had never been served with any documents, she was told she could “get this amended.” On September 11, 2020, Stevenson died. On December 30, 2020, appellant filed a request to change or amend the 2004 judgment.1 In a document dated December 3, 2020, that appears to accompany the request, appellant states she was unaware of the divorce,