Chen v. Yang CA6

Filed 8/19/22 Chen v. Yang CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JOHN G. CHEN, H047019 (Santa Clara County Petitioner and Appellant, Super. Ct. No. 2012-6-FL-009184)

v.

JANE J. YANG,

Respondent.

This appeal arises out of the dissolution of appellant John G. Chen and respondent Jane J. Yang. In 2014, Chen moved to set aside the judgment of dissolution and marital settlement agreement. Chen appeals the trial court’s denial of his motion. We affirm. I. BACKGROUND Chen and Yang married in 1985. They effected a “physical separation in 2002,” but it was not until 2012 that Chen filed for divorce. He filed his first petition for dissolution of marriage in May 2012, withdrew the petition, and filed a new petition again in October 2012. Following the separation, Yang founded a company, Culturelinks, Inc. In 2013, Yang earned a salary of approximately $692,000 from Culturelinks. Chen also worked for Culturelinks, earning roughly $2,000-3,000 per month. In May 2012, the parties executed a “quitclaim deed agreement” in which Chen disclaimed any interest in Culturelinks.

In August 2012, the parties executed a marital settlement agreement. Attorney Joseph Tse drafted the agreement. Tse also served as a mediator for Chen and Yang, who were then both unrepresented. After Chen filed for divorce in October 2012, Attorney Wendy Lun—although she was the owner of the law firm that employed Tse—agreed to represent Yang in the proceedings. Chen remained self-represented. In December 2012, Lun drafted and the parties executed an addendum to the marital settlement agreement. This December addendum incorporated but modified the August agreement by providing that Yang would pay Chen an additional $100,000 and also purchase real property for Chen, in exchange for Chen’s interest in the family residence. In the December addendum, the parties represented that they had served each other with preliminary declarations of disclosure, and that they mutually waived the requirement of final declarations of disclosure. A year later, Lun initiated the entry of judgment as an uncontested matter, filing the parties’ Appearance, Stipulations and Waivers (JCC form FL-130), a proposed judgment attaching the August 2012 agreement and December 2012 addendum, each party’s Declaration Regarding Service of Preliminary Declarations of Disclosure and Income and Expense Declaration (JCC form FL-141), and their Stipulation and Waiver of Final Declaration of Disclosure (JCC form FL-144). The court entered judgment on December 2, 2013, incorporating the December 2012 agreement. Six months later, Chen moved to set aside the stipulated judgment and final marital settlement agreement. The trial court held an evidentiary hearing on the motion over the course of three days in April, June, and July 2018. 1 At the conclusion of the