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California Civil Procedure
California Appellate Court
Case of The Day-
April 6, 2004

Family Law -Civil Procedure: Failure to exchange final declarations of
disclosure (Fam. Code, §2105) not per se grounds for new trial-must show prejudice

The failure on the part of two divorcing spouses to exchange final declarations of
disclosure (Fam. Code, §2105) does not constitute a “get-a-new-trial-free” card,
giving either one of them the automatic right to a new trial or reversal on appeal when
there is no showing of a miscarriage of justice.  (Cal. Const., art. VI, § 13.) 
We also deal with several miscellaneous challenges to the judgment, which we affirm.
Marr. of Steiner & Hosseini (April 05. 2004)-CA4/3G030604

  
FAMILY LAW

IN RE MARRIAGE OF STEINER & HOSSEINI, No. G030604 (Cal. 4th App.
Dist. April 05, 2004)
Failure on the part of two divorcing spouses to exchange final
declarations of disclosure per Family Code section 2105 does not
give either of them the automatic right to a new trial or reversal
on appeal when there is no showing of a miscarriage of justice.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/g030604.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g030604.pdf

 

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