Garcia v. Garcia (In re Garcia)

221 Cal. Rptr. 3d 319, 13 Cal. App. 5th 1334
CourtCalifornia Court of Appeal, 5th District
DecidedAugust 4, 2017
DocketD070493
StatusPublished
Cited by18 cases

This text of 221 Cal. Rptr. 3d 319 (Garcia v. Garcia (In re Garcia)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garcia v. Garcia (In re Garcia), 221 Cal. Rptr. 3d 319, 13 Cal. App. 5th 1334 (Cal. Ct. App. 2017).

Opinion

IRION, J.

*1337In an earlier action in which Florencia B. Garcia petitioned to dissolve her marriage to Juan J. Garcia (Dissolution Action), the family court *1338found that Florencia did not meet her burden of establishing a valid marriage and quashed service as to Juan and dismissed the action.1 Florencia then filed the underlying action in which she petitions for nullity of marriage (Nullity Action). In the Nullity Action, Juan appeals from two orders of the family court: (1) an order in which the court found that Florencia is the spouse or putative spouse of Juan and ruled that she may proceed with the claims in her petition (Putative Spouse Order); and (2) an order in which the court directed Juan to pay Florencia spousal support arrears, ongoing spousal support and attorney fees and costs (Support Order).

In challenging the two orders, Juan raises a single legal issue for review on appeal: Under the doctrine of res judicata, does the judgment in the Dissolution Action bar the relief Florencia seeks in the Nullity Action?

Because the Dissolution Action and the Nullity Action involve different primary rights, we affirm the Support Order. Because the Putative Spouse Order is not a final order, we dismiss Juan's appeal from that order.

*323I.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Dissolution Action

In June 2014, Florencia filed the Dissolution Action. She alleged that she and Juan married in October 1989 and separated in May 2014 (24 years seven months) and, on the basis of irreconcilable differences, petitioned for a dissolution of the marriage and a determination of property rights, spousal support, and attorney fees and costs. At the same time, Florencia filed a request for an order that Juan pay spousal support and attorney fees and costs.

In response, Juan filed a request for an order to quash service of the summons and petition and to dismiss the Dissolution Action. In support of his request, Juan included evidence that he contended established that he and Florencia were never married. Florencia filed an opposition that included evidence that she contended established that she and Juan were married legally in Mexico.

Shortly before the hearing on the parties' requests for orders, Juan submitted additional evidence in support of his position that the parties were never legally married.

*1339Following hearing, the family court found that there was no marriage and granted Juan's request for an order.2 In November 2014, the court filed a written order quashing service and dismissing the Dissolution Action. Florencia did not appeal.

B. The Nullity Action

Approximately five months after dismissal of the Dissolution Action, Florencia filed the Nullity Action. Alleging a marriage to Juan in October 1989 and a separation from Juan in May 2014 (24 years seven months), Florencia petitioned for a judgment of nullity on the ground of fraud and a determination of property rights, spousal support and attorney fees and costs.

In response, Juan filed a request for an order quashing service of the summons and petition. Relying on the October 2014 order quashing service of the summons and petition in, and dismissing, the Dissolution Action-and, in particular, the family court's finding that there was no marriage between Florencia and Juan-Juan argued that "since there was no marriage, there is nothing to annul." (Capitalization omitted.)

In opposition, Florencia argued that her claims in the Nullity Action were not barred by the preclusive effect of the judgment in the Dissolution Action because the claims in the Nullity Action involved a different primary right than the claims in the Dissolution Action.

In a minute order filed in July 2015, the family court denied Juan's request for an order to quash service of the summons and petition.

When he responded to the petition, Juan again asserted that the parties were never married, further contending that at all times Florencia knew both that they were never legally married and that she had no marital rights. Juan requested a finding that Florencia is not a putative spouse and an order that Florencia pay his attorney fees and costs.

*324Meanwhile, Florencia had filed a request for an order that Juan pay guideline temporary spousal support and attorney fees and costs.3 She testified that Juan's motion to quash service of the summons and petition in the Dissolution Action was the first time that Juan had contended they were *1340not legally married. From this evidence, Florencia countered that Juan had defrauded her and argued that she was a putative spouse entitled to property rights, spousal support and attorney fees and costs.

Juan filed a responsive declaration and other evidence in opposition to Florencia's request. For the most part, the evidence supported Juan's contention that he and Florencia were never married.

Florencia filed a reply declaration that contained evidence in support of her position that, in October 1989, she and Juan legally married.

In December 2015, the family court presided over a short cause trial to determine whether Florencia was a putative spouse4 -with the understanding that other issues would be tried later.5 In relevant part, in the findings and order after hearing (previously identified as the Putative Spouse Order), the family court found that "Florencia is the spouse or putative spouse of Juan" and concluded that "she may pursue her claims as set forth in her petition(s), including support, award of property and obligations, attorney fees, and litigation costs." (Some capitalization omitted.) The court continued the hearing until mid-January 2016 for the purpose of considering the requests for spousal support and attorney fees and costs.6

*325*1341At the continued hearing, the family court presided over a short cause trial on the issues of temporary spousal support and attorney fees and costs. After considering the evidence presented and the argument of counsel, in the findings and order after hearing (previously identified as the Support Order), the court found that Florencia is entitled to putative spouse benefits and ordered Juan to pay Florencia: a lump sum of $19,026.48 as spousal support arrears; temporary monthly spousal support of $1,072 from and after September 2015; and $20,000 in attorney fees and costs.

In one notice of appeal, Juan timely appealed from both the Putative Spouse Order and the Support Order.

II.

DISCUSSION

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Bluebook (online)
221 Cal. Rptr. 3d 319, 13 Cal. App. 5th 1334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-garcia-in-re-garcia-calctapp5d-2017.