Trial and Hearing Procedures

Question 1

Parties must exchange ______ to be relied upon in advance. The court may decline to consider if not provided under this rule.

Answer 1

documentary evidence

CRC Rule 5.98(b)

Question 2

The following do not count towards page limits of declarations: ____

Answer 2

(1) Judicial Council forms;
(2) I&E;
(3) Financial statement;
(4) Property declaration;
(5) exhibits; and
(6) P&A

CRC Rule 5.112.1

Question 3

Under Fam. Code 217, absent stipulation or good cause, the court must receive any ______ that is relevant and within the scope of the hearing.

Answer 3

live, competent, and admissible testimony

CRC Rule 5.113

Question 4

Contents of an ordered brief must include: _____.

Answer 4

(1) Statistical facts and any disputes about statistical facts (i.e. DOM, DOS);
(2) Brief summary of the case;
(3) Issues to be resolved at trial;
(4) Statement of any expert report to be offered at trial;
(5) Witnesses; and
(6) Legal argument

CRC Rule 5.394

Question 5

Briefs require minimum of _____ before the trial or long-cause hearing.

Answer 5

5 court days

Question 6

The RFO must set forth facts sufficient to notify the other party of the ____. When seeking support or fees, the moving party must file an I&E with the RFO.

Answer 6

moving party’s contentions

CRC 5.92(b)

Question 7

No abuse of discretion for the court to dismiss and RFO to modify support when ______ was filed.

Answer 7

no current I&E

Marriage of Tydlaska (2003) 114 Cal.App.4th 572

Question 8

The declaration for a mod of support must include specific facts demonstrating a ______.

Answer 8

change in circumstances

CRC 5.260(c)

Question 9

New law applies on the operated date to all matters governed by the new law, regardless of whether an event occurred or circumstance existed before, on, or after the operated date including commencement of a proceeding UNLESS application of the new law would substantially ______ or the rights of the parties.

Answer 9

interfere with effective conduct of the proceedings

Fam. Code 4

Question 10

Code 4 was intended to change the rule against _____.

Answer 10

retroactive application

Marriage of Fellows (2006) 39 Cal.4th 179

Question 11

Motion to compel deposition improper where it lacked all the pleadings/papers, was filed more than _____, and only 15 days before hearing.

Answer 11

60 days after set depo

Weinstein v. Blumberg (2018) 25 Cal.App.5th 316

Question 12

Unless otherwise ordered, all moving and supporting papers shall be served and filed at least ______ before the hearing. All papers opposing or responding to a moving paper shall be served and filed at least _____ before the hearing. All reply papers shall be served and filed at least _____ before the hearing.

Answer 12

16 court days

9 court days

5 court days

CCP 1005(b)

Question 13

Must add ____ for fax or overnight delivery, add _____ if mailed within CA, add ______ if mailed outside CA, and _____ if mailed outside US

Answer 13

2 days

5 calendar days

10 calendar days

20 days

Question 14

A motion is deemed made and pending upon _____ and filing of notice of the motion.

Answer 14

due service

CCP 1005.5

Question 15

Notice of motion must be _____ AND must include all papers upon which it is to be based (I&E, P&A, Declaration, Exhibits, etc.).

Answer 15

in writing

CCP 1010

Question 16

Motions regarding deposition (i.e. motion to compel) shall be made no later than ______, and shall be accompanied by a _____.

Answer 16

60 days after the completion of the record of the deposition

meet and confer declaration

CCP 2025.480(b)

Question 17

Ex parte orders made to: (1) prevent ______ to a party or the children; (2) prevent immediate _____ subject to disposition; and (3) procedural matters including shortening time, shortening or extending service, or to reschedule a hearing.

Answer 17

immediate danger or irreparable harm

loss or damage to property

CRC Rule 5.151(b)

Question 18

Ex parte requires: ______

Answer 18

(1) FL 300;
(2) when relevant FL 150;
(3) FL 305;
(4) written declaration;
(5) FL 303 (service); and
(6) MPA if required by court

CRC Rule 5.151(c)

Question 19

When a peremptory challenge is filed in a later-filed action, the underlying family law court is not ______ the original case.

Answer 19

disqualified from hearing

Rothstein v. Superior Court (2016) 3. Cal.App.5th 424

Question 20

Peremptory challenge of a bench officer if believed he/she cannot have a ______ before the bench officer.

Answer 20

fair and impartial trial or hearing

CCP 170.6

Question 21

In civil, must file a 170.6 within ____ of bench officer assigned to case for all purposes, or within ____ if not yet appeared.

Answer 21

15 days after notice

15 days after the appearance

Question 22

A disqualified bench officer may hear and decide _____.

Answer 22

purely default matters

Yolo County CSSD v. Myers (2016) 248 Cal.App.4th 42

Question 23

A private Pro Tem cannot ignore a ____. Due to private Pro Tem’s failure to disclose “professional” relationships with attorneys in the case, the 664.6 agreement could not be enforced because the agreement was tainted by the void rulings of a _____, all in favor of the other party.

Answer 23

challenge for cause

disqualified Pro Tem

Hayward v. Superior Court (2016) 2 Cal.App.5th 10

Question 24

If parties stipulate to settlement of the case in writing, the court may, upon motion, enter ______.

Answer 24

judgment pursuant to terms of the settlement

CCP 664.6

Question 25

The failure of a private Pro Tem to comply with ethical obligation to disclose work for one party’s attorney in another case after proceedings have begun is ______. 170.1 challenge granted vacates all orders back to date of original 170.1 challenge.

Answer 25

grounds for disqualification

Jolie v. Superior Court (2021) 66 Cal.App.5th 1025

Question 26

Disqualification of a judge based upon connection to any party or attorney outside of the proceeding including knowledge of the disputed evidentiary facts and/or represented one of the parties or attorneys and/or is ______

Answer 26

related within third degree, etc.

CCP 170.1

Question 27

Stipulation to a commissioner must be _____, and it is not a mere formality.

Answer 27

revealed on the record

Michaels v. Turk (2015) 239 Cal.App.4th 1411

Question 28

On stipulation of the parties litigant the court may order a cause to be tried by a _____ who is a member of the State Bar, sworn and empowered to act until final determination of the cause.

Answer 28

temporary judge

Cal. Const. Art. VI, Sec. 21

Question 29

The Tantamount Stipulation Doctrine sets forth that a party’s appearance and participation in a proceeding by a commissioner (shown by the record) rebuts the _____.

Answer 29

necessity of an express stipulation

Elena S. v. Kroutik (2016) 247 Cal.App.4th 570

Question 30

The Tantamount Stipulation Doctrine only applies if there is a record demonstrating ______. If there is no record, then the commissioner ______, and all orders would be rendered void.

Answer 30

a party’s consent

lacks authority to act

Marriage of Djulus (2017) 10 Cal.App.5th 1042

Question 31

Automatic temporary restraining orders: (1) restraining both parties from removing _____ of the parties; (2) restraining both parties from transferring, encumbering, hypothecating, concealing, or in an way _______, whether community, quasi-community, or separate, without the written consent of the other party or order of the court EXCEPT in the usual course of business or for the necessities of life or to pay reasonable attorney’s fees; (3) restraining both parties from cashing, borrowing against, canceling, transferring, disposing of, or changing the _______, held for the benefit of the parties and their children; and (4) restraining both parties from creating a _____ in a manner that affects the disposition of property subject to the transfer.

Answer 31

minor child or children

disposing of, any property, real or personal

beneficiaries of insurance or other coverage, including life, health, automobile, and disability

nonprobate transfer or modifying a nonprobate transfer

Fam. Code 2040

Question 32

From DOS to the date of distribution of assets/debts, each party is subject to the standards in Fam. Code 721 including: (1) the accurate and complete ______ in which the party has or may have an interest or obligation and all current earnings, accumulation and expenses including an immediate update or augmentation to the extent there have been material changes; (2) accurate and complete written disclosure of any _______ after DOS; and (3) the operation or management of a ______ in which the community may have an interest.

Answer 32

disclosure of all assets and liabilities

investment opportunity, business opportunity, or other income producing opportunity that presents itself

business or an interest in a business

Fam. Code 2102

Question 33

ATROs terminate when ______.

Answer 33

final order is entered

Marriage of Sorge (2012) 202 Cal.App.4th 626

Question 34

Each party shall serve on the other a preliminary declaration of disclosure under penalty of perjury, which shall include: (1) identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of characterization; (2) declarant’s percentage of ownership in each; and (3) completed income and expense declaration. PDDs shall be served as follows: Petitioner within ______ and Respondent within _____.

Answer 34

60 days of filing the petition

60 days of filing the response

Fam. Code 2104

Question 35

Each party shall serve on the other a final declaration of disclosure under penalty of perjury, which shall include: (1) material facts regarding characterization of assets/liabilities; (2) material facts regarding value of CP assets/liabilities; and (3) material facts regarding income and expenses. Must be served before or at the time the parties _______ or no later than ____ before the first assigned trial date.

Answer 35

enter into an agreement for settlement

45 days

Fam. Code 2105

Question 36

If a party fails to serve preliminary or final disclosures, the complying party may make a formal demand. If a party still fails to serve, the complying party may file a ______. A judgment may not be set aside by the non complying party if waived by the complying party under this code.

Answer 36

motion to compel,
file for evidentiary sanctions,
motion to waive receipt of non complying party’s disclosures,
and/or monetary sanctions

Fam. Code 2107

Question 37

Upon a noticed motion, the court may sever and grant an early and separate trial on the issue of ______ apart from other issues.

Answer 37

dissolution of status

Family Code 2337

Question 38

Requirements for bifurcated trial of status

Answer 38

(1) noticed motion and
(2) PDDs or stipulation to defer PDDs.

Question 39

Standard conditions of bifurcated trial on status

Answer 39

(1) tax indemnification;
(2) healthcare coverage;
(3) probate homestead and family allowance;
(4) retirement benefit indemnity;
(5) social security indemnity;
(6) beneficiary of nonprobate transfer;
(7) assignment/transfer of CP interest in IRA;
(8) other security interest to protect loss of pension interest; and
(9) other conditions.

Question 40

Court may bifurcate one or more issues to be tried separately before other issues are tried including: (1) validity of _____; (2) date of separation; (3) date to use for valuation of assets; (4) whether property is ____; (5) how to apportion increase in value of a business; (6) existence or value of business or professional goodwill; (7) termination of status; (8) child custody and visitation; (9) support; (10) fees; (11) division of property/debts; (12) _____; or (13) other specific issues to a family law case.

Answer 40

prenuptial/post-nuptial

SP or CP

reimbursement claims

CRC 5.390

Question 41

Not abuse of discretion to deny a continuance and precluding from offering evidence or testimony at trial where party fails to participate in mandatory _____, and orally requests a continuance day 1 of trial because the party failed to _____ until only days before trial began. Court found that granting a continuance motion without any written supportive evidence violates CRC 3.1332(b).

Answer 41

pretrial exchange of exhibits/witnesses

hire new counsel

Reales Investment, LLC v. Johnson (2020) 55 Cal.App.5th 463

Question 42

A party may only request a continuance of trial by ______, as soon as reasonably practical once the necessity for continuance is discovered, and requires an affirmative showing of _____ with supporting declarations.

Answer 42

motion or application

good cause

CRC 3.1332

Question 43

Trial court erred when it set aside the protective orders without determining whether the sealed documents were used at trial or submitted as a basis for _____ (other than discovery motions or proceedings).

Answer 43

adjudication of matters

Marriage of Tamir (2021) 72 Cal.App.5th 1068

Question 44

Court records presumed to be “open to the public unless they are specifically ______ or are protected by the court itself due to the _____.”

Answer 44

exempted from disclosure by statute

necessity of confidentiality

Overstock, Inc. v. Goldman Sachs Group, Inc. (2014) 231 Cal.App.4th 471

Question 45

There is a _____ of access to court proceedings and documents.

Answer 45

Constitutional right (via 1st Amend.)

NBC Subsidiary, Inc. v. Superior Court (1999) 20 Cal.4th 1178

Question 46

Test for Sealing under CRC 2.550(d)

Answer 46

(1) overriding interest in protecting against right to public access;
(2) overriding interest supports sealing of records;
(3) substantial probability of prejudice to overriding interest;
(4) any sealing order is narrowly tailored; and
(5) no less restrictive means exist to achieve the overriding interest.

Question 47

Application under 2.550(a)(3)

Answer 47

Applies to discovery materials “used at trial or submitted as a basis for adjudication.”

Question 48

Not required for the ______ to unseal the file.

Answer 48

same judge who sealed

Marriage of Nicholas (2010) 186 Cal.App.4th 1566

Question 49

(1) Undisclosed exhibit;
(2) undisclosed witness;
(3) scope or nature of expert opinion;
(4) evidence collected by eavesdropping in violation of Penal Code 630 et. seq.;
(5) valuation date testimony;
(6) evidence barred by discovery rules; and
(7) evidence barred by sanction order.

Answer 49

Motion in Limine Examples

Question 50

The trial court erred in estopping H from challenging the validity of W’s previous marriage and denying H’s request for nullity based upon a claim that a third party cannot challenge a prior divorce when they _____, where H was not a party to the prior divorce, had not procured or assisted in procuring it, and did not have full knowledge of circumstances of decree.

Answer 50

relied on the same in getting married

Marriage of Kalinawan (2017) 15 Cal.App.5th 1265

Question 51

Mathematical precision is not required for valuation (or other expert testimony) BUT must be supported by _____.

Answer 51

reliable data not speculation

The court found the expert’s use of 1 year worth of profits to speculate about the next 5 years was not supported.

Sargon Enterprises, Inc. v. U.S.C. (2012) 55 Cal.4th 747

Question 52

H’s expert’s use of a new tracing method (not direct or exhaustive) was appropriate because even if new, it was _____.

Answer 52

reasonable and understandable to the court

Marriage of Ciprari (2019) 32 Cal.App.5th 83

Question 53

Expert may rely on inadmissible hearsay but may not _____ otherwise inadmissible hearsay.

Answer 53

relay as true

People v. Sanchez (2016) 63 Cal.4th 665

Question 54

Expert may rely on hearsay, whether or not admissible, if it is of a type that _______ in forming an opinion upon the subject to which his/her testimony relates.

Answer 54

is reasonably may be relied upon

Evid. Code 801(b)

Question 55

Sanchez: Expert can interpret X-rays/photos because not hearsay as they are _____.

Answer 55

not statements by a person

Question 56

Sanchez: May rely on statements in reports but not ____ in a report.

Answer 56

relate hearsay

Question 57

Minor’s counsel making recommendations about custody while relying on hearsay is appropriate, with or without stipulation. The recommendation is seen as ______.

Answer 57

advocacy of the child

Ramsden v. Peterson (2022) 76 Cal.App.5th 339

Question 58

Even if Sanchez error, appellant must demonstrate _____.

Answer 58

a miscarriage of justice

People v. Navarro (2021) 12 Cal.5th 285

Question 59

The trial court erred by now allowing x-exam of expert regarding publication expert did not rely upon because Evid. Code 721(b)(3) allows x-exam if the publication has been _______ but there was no prejudicial error.

Answer 59

established as reliable authority

Paige v. Safeway, Inc. (2022) 74 Cal.App.5th 1108

Question 60

May x-exam an expert about a publication if: (1) the expert relied on the publication; (2) the publication has been ______; or (3) the publication has been established as _____ by testimony or evidence of the expert, another expert, or by judicial notice. If admitted, may be read into evidence but not received as exhibit.

Answer 60

admitted into evidence

reliable authority

Evid. Code 721(b)

Question 61

The court must, in every stage of an action, disregard any error, improper ruling, instruction, or defect, in the proceeding or pleadings, if the error does not ______. There is no presumption an error is _____.

Answer 61

affect the substantial rights of the parties

prejudicial

CCP 475

Question 62

“Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by email or fax, and every other means of recording upon any tangible thing, regardless of manner in which the record is stored.

Answer 62

Evid. Code 250

Question 63

Anonymous letters and etchings on bullets both are _____.

Answer 63

writings

People v. Flinner (2020) 10 Cal.5th 686

Question 64

The evidence code does not limit the means for authentication of a writing.

Answer 64

Evid. Code 1410

Question 65

Authentication can be made by the contents of the writing, the ______, or by other circumstantial evidence.

Answer 65

location the writing was found

People v. Olguin (1994) 31 Cal.App.1355

Question 66

Authentication proper where prima facie case showing messages were what they claimed to be (even if from a fake FB page or random phone number) due to the _____.

Answer 66

content of the messages and testimony of the defendant

People v. Cruz (2020) 46 Cal.App.5th 715

Question 67

Testimony of an expert not designated as an expert is strictly limited to _____. Proper impeachment challenges the truth of facts relied upon by the other expert. Impeachment testimony is not an opportunity to _______ but to challenge the foundational facts supporting the other expert.

Answer 67

impeachment testimony

present a contrary opinion

Pina v. County of Los Angeles

Question 68

The court shall exclude an expert opinion of an party who fails to: _____.

Answer 68

(1) list that witness as an expert under section 2034.260;
(2) submit an expert witness declaration; or
(3) produce reports and writings of expert witness under section 2034.270

CCP 2034.300

Question 69

All parties shall exchange info concerning expert witnesses in writing ______ in the demand. Exchange shall include name and address of expert intending to offer at trial OR statement they do not intend to offer it.

Answer 69

on or before the date of exchange specified

CCP 2034.260

Question 70

If demand for exchange is made, all parties shall produce all _____, if any, made by any designated expert.

Answer 70

discoverable reports and writings

CCP 2034.270

Question 71

A party may call an expert not designated if: (1) expert has been _____; or (2) expert is called to impeach including falsity or nonexistence of any fact used as the foundation for any _____, but may not contradict that opinion.

Answer 71

designated by another party and deposed

opinion by any other party’s expert

CCP 2034.310(b)

Question 72

Absent stipulation of the parties or a finding of good cause, the court shall receive any live, competent testimony that is relevant and within the scope of the hearing. If the court refuses, it must state its ______. If any witnesses beyond parties, the parties shall prior to the hearing, file and serve a witness list.

Answer 72

good cause reasons for the finding on the record or in writing

Fam. Code 217

Question 73

Parties are entitled to a full evidentiary hearing and ______ are not sufficient.

Answer 73

unreported in chambers conferences

Marriage of Dunn (2002) 103 Cal.App.4th 345

Question 74

Finding that a county rule to hold abbreviated proceedings based solely on declaration (and only allowing testimony of witnesses under direct examination upon “unusual circumstances”) was _____.

Answer 74

unlawful

Elkins v. Superior Court (2007) 41 Cal.4th 1337

Question 75

An a priori (assumption) preclusion of oral testimony is an ____. The courts MUST exercise discretion if it is going to rely on ____.

Answer 75

abuse of discretion

declarations

Alan S. Jr. v. Superior Court (Mary T.) (2009) 172 Cal.App.4th 238

Question 76

At the end of moving party’s case in chief without waiving of right to defend or present case, any party may _____. The court shall weigh all the evidence in deciding. The losing party may move for a new trial. This is not available in a jury trial.

Answer 76

move for a judgment

CCP 631.8

Question 77

After the moving party has completed his/her opening statement (in either court or jury trial), or after presentation of evidence in a jury trial, the other party, without waiving right to offer evidence, may _____.

Answer 77

move for a judgment of nonsuit

CCP 581c

Question 78

Trial court is required to assume that all relevant evidence offer by ____. The court shall not weigh the credibility of the witnesses, or weigh the evidence.

Answer 78

plaintiff is true and all reasonable inferences or thoughts are to be resolved in plaintiff’s favor

Estate of Pack (1965) 233 Cal.App.2d 74

Question 79

Nonsuit allowed in bench trials but only after opening statement however granting a nonsuit after opening statements _____.

Answer 79

is disfavored

Lingenfelter v. County of Fresno (2007) 154 Cal.App.4th 198

Question 80

Motion to Reopen Case in Chief

Answer 80

May be made after court announces tentative decision, and typically involves important new facts. The movant must explain why the new facts were not previously introduced.

Question 81

A tactical decision not to introduce evidence during case in chief is ______

Answer 81

not sufficient to reopen case in chief.

Rosenfeld, Meyer & Susman v. Cohen (1987) 191 Cal.App.3d 1035

Question 82

The trial court should have reopened the case so the parties could present evidence readily available as to the principal reductions of an SP property _____. The court found that both spouses had an equal interest in ensuring the court had sufficient _____, which result advances the public policy of favoring a reduction in adversarial nature of divorces.

Answer 82

paid with CP

information for the CP (joint) interest

Marriage of Ramsey & Holmes (2021) 67 Cal.App.5th 1043

Question 83

A judgment or decree, when based upon a decision by the court, may be set aside and vacated by the same court, and another different judgment entered if: _____.

Answer 83

(1) incorrect or erroneous legal basis for the decision not consistent with the facts; or
(2) judgment or decree not consistent with or not supported by a special verdict

CCP 663

Question 84

A motion to set aside and vacate must be made (1) after the decision is rendered and before the entry of judgment; or (2) within ____ of the date of mailing of notice of entry of judgment or service upon him or her by written notice, OR within _____ after entry of judgment, whichever is earliest.

Answer 84

15 days

180 days

CCP 663a

Question 85

As to assets or liabilities for which a judgment is set aside, valuation shall be subject to _____. The court shall equally divide, unless the court finds upon good cause shown that the interests of justice require an unequal division.

Answer 85

equitable considerations

Fam. Code 2126

Question 86

Upon application within _____ upon the party of written notice of entry of order, and upon new or different facts, circumstances, or law, a party may move the court to reconsider the matter and modify, amend, or revoke the prior order.

Answer 86

10 days after service

CCP 1008(a)

Question 87

The court shall issue a statement of decision upon the request of any party within ____ after the court announces a tentative decision, or made prior to submission of matter if trial concludes within ____ or less than 8 hours over more than one day.

Answer 87

10 days

1 calendar day

CCP 632

Question 88

Within ____ after announcement or service of tentative decisions, whichever is later, any party that appeared at trial may request a statement of decision.

Answer 88

10 days

CRC 3.1590(d)

Question 89

Fam. Code 3654 does not require a statement of decision to be ____.

Answer 89

in writing

Marriage of Furie (2017) 16 Cal.App.5th 816

Question 90

At request of either party, an order ______ shall include a statement of decision.

Answer 90

modifying, terminating, or setting aside a support order

Fam. Code 3654

Question 91

An “intended decision” with error of fact or law cannot be relied upon on appeal because the judgment and statement of decision would give the court the ability to rectify said error. Without a statement of decision explaining the court’s reliance for orders, the _____.

Answer 91

judgment must prevail

Marriage of Ditto (1988) 206 Cal.App.3d 646

Question 92

Reasons for Motion for Mistrial

Answer 92

(1) trial court unable to complete trial;
(2) court order preventing fair trial;
(3) attorney misconduct (must be prejudicially damaging); or
(4) willfully concealing evidence or using illegally obtained evidence.

Question 93

New trial may be granted based upon: (1) irregularity in proceedings resulting in ____; (2) misconduct of the jury; (3) accident or surprise, which ordinary prudence could not have been guarded against; (4) newly _____; (5) excessive or inadequate damages; or (7) error in law.

Answer 93

unfair trial

discovery evidence

CCP 657

Question 94

Motion for New Trial must be filed within ____ of the date of mailing notice of entry of judgment or within _____ of service upon him or her by any party of written notice, or within _____ after entry of judgment, whichever is earliest.

Answer 94

15 days

15 days

180 days

CCP 659

Question 95

Within 10 days after filing notice of intention to move for new trial, the moving party must serve and file ____, and within 10 days thereafter any adverse party may serve and file a ____.

Answer 95

P&A’s

P&As in reply

CRC 3.1600

Question 96

The court must rule on the motion for new trial within ____ or it is deemed denied.

Answer 96

75 days

CCP 660

Question 97

Motion for entry of judgment based on a signed stipulation out of court, or oral recitation before the court but there is limited authority to determine the terms.

Answer 97

CCP 664.6

Question 98

The judgment entered cannot be different from or go beyond the _____.

Answer 98

terms of the stipulation

Machado v. Myers (2019) 39 Cal.App.5th 779

Question 99

664.6 provides efficient and certain manner in which to enforce a settlement agreement so long as _____.

Answer 99

requirements are met

Marriage of Woolsey (2013) 220 Cal.App.4th 881

Question 100

A petition for divorce shall not be dismissed if: _____

Answer 100

(1) order for child support, or order for custody/visitation in effect;
(2) order for spousal support in effect;
(3) DVRO in effect;
(4) an issue has been bifurcated and a separate trial has been conducted pursuant to FC 2337 or the CRC.

CCP 583.161

Question 101

When actions involving a ______ are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions.

Answer 101

common question of law or fact

CCP 1048

Question 102

Courts encourage _____ so as to allow issues which could not be raised in the dissolution action nevertheless to be heard concurrently.

Answer 102

consolidation

Marriage of McNeill (1984) 160 Cal.App.3d 555

Question 103

A trial court may enter a preliminary injunction restraining a judgment creditor of one spouse from _____ under Fam. Code 2045, et. seq. (previously CCP 4359 and 527)

Answer 103

executing on community property involved in a marital dissolution proceeding

Marriage of Van Hook (1983) 147 Cal.app.3d 976

Question 104

The court may issue an _____ any person from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal.

Answer 104

ex parte order restraining

Fam. Code 2045

Question 105

Court may _____ for the purpose of enforcing discovery.

Answer 105

join 3rd party

Marriage of Schnabel (1993) 5 Cal.App.4th 704

Question 106

The relief granted to the plaintiff, if there is no answer, cannot _____.

Answer 106

exceed that demanded in the complaint

CCP 580(a)

Question 107

Default judgments cannot exceed the relief as stated in the complaint. “Or such other relief as the court deems just” is not sufficient to give adequate notice.

Answer 107

Sass v. Cohen (2020) 10 Cal.5th 861

Question 108

No exception of CCP 580 to divorce cases.

Answer 108

Petitioner failed to check the child support box and default for child support was reversed. This was addressed by the form being modified to automatically include child support.

Marriage of Lippel (1990) 51 Cal.3d 1160

Question 109

Ex parte temporary orders can be issued without notice BUT issuance of a permanent order requires _____, especially when facing risk of contempt.

Answer 109

adequate notice or waiver of notice

D.Z. v. L.B. (2022) 79 Cal.App.5th 625

Question 110

The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her ______.

Answer 110

mistake,
inadvertence,
surprise, or
excusable neglect

CCP 473(b)

Question 111

Generally, a court must grant a set aside based upon _____ that includes an affidavit by the attorney, attaches a proposed responsive pleading, and is brought no later than 6 months after entry of judgment.

Answer 111

attorney’s mistake

Marriage of Hock & Gordon-Hock (2000) 80 Cal.App.4th 1438

Question 112

If motion to set aside is granted, the court may ______.

Answer 112

award costs and fees

Marriage of Helsel (1988) 198 Cal.App.3d 332

Question 113

Motion to set aside may be denied if counsel _____.

Answer 113

is not credible

Darab N. v. Olivera (2019) 31 Cal.App.5th 1134

Question 114

After six-month period runs, an otherwise valid and final judgment may only be set aside if obtained through _____. An inequitable division of community property, by itself, is insufficient to set aside judgment.

Answer 114

extrinsic, not intrinsic fraud

In re Marriage of Alexander (1989) 212 Cal.App.3d 680

Question 115

State of California has strong policy of _____ in a dissolution. This can only be implemented with full disclosure.

Answer 115

ensuring the division of CP and quasi-CP property

Fam. Code 2120(a)

Question 116

Where the defrauded party was kept in ignorance or in some other manner was fraudulently prevented from ______, motion to set aside must be brought within ____

Answer 116

fully participating in the proceeding

1 year of when the party discovered or should have discovered

Question 117

A spouse’s ______ equates to extrinsic fraud because the fiduciary relationship between spouses does not terminate upon separation but continues until marriage dissolved and property divided.

Answer 117

concealment of the existence of a community asset

Marriage of Modnick (1983) 33 Cal.3d 897

Question 118

Motion to set aside should not be granted where it is shown the party requesting equitable relief has been guilty of ______

Answer 118

inexcusable neglect i.e. wife never attempted to defend case, waited over 16 months after summons to consult counsel, and sought no relief until over a year after default.

Marriage of Stevenot (1984) 154 Cal.App.3d 1051

Question 119

Perjury for motion to set aside within the ______ must be brought within ____ of when the party discovered or should have discovered.

Answer 119

PDD or FDD, the waiver of the FDD, or in the current I&E

1 year

Question 120

Motion to set aside for duress must be brought within ____ after the date of entry of judgment.

Answer 120

2 years

Question 121

Motion to set aside for mental incapacity must be brought within ______ after the date of entry of judgment.

Answer 121

2 years

Question 122

Motion to set aside based upon mistake of law or fact may only be brought as to _____ only, and must be brought within _____ after the date of entry of judgment.

Answer 122

stipulated or uncontested judgments

1 year

Question 123

Motion to set aside for failure to comply with disclosures must be brought within ______ of when the party discovered or should have discovered.

Answer 123

1 year

Question 124

After lapse of 6 months for CCP 473(b), ______.

Answer 124

Fam. Code 2120 et. seq. exclusive remedy

Marriage of Kieturakis (2006) 138 Cal.App.4th 56

Question 125

Upon _____, court must issue statement of decision.

Answer 125

timely request

Fam. Code 2127

Question 126

The court has continuing jurisdiction to divide missed _____. The court shall equally divide the missed assets/liabilities unless finds upon ______ require an unequal division.

Answer 126

assets or obligations

good cause that the interests of justice

Fam. Code 2556

Question 127

_____ does not apply for missed assets under Fam. Code 2556 and the court has continuing jurisdiction.

Answer 127

Res judicata

Marriage of Nassimi (2016) 3 Cal.App.5th 667

Question 128

Fam. Code 2556 imposes _____ to seek to adjudicate omitted or unadjudicated community property after judgment is entered.

Answer 128

no time limit

Marriage of Huntley (2017) 10 Cal.App.5th 1053

Question 129

The court may enter judgment nunc pro tunc based on mistake and inadvertance but not to a date ______.

Answer 129

earlier than when court took evidence on marital status

Fam. Code 2346

Question 130

CA is obliged to give full faith and credit to _____ from another state.

Answer 130

foreign divorce decrees

Fam. Code 2093

Question 131

Absent a stipulation of the parties, a _____ cannot be empowered to make binding factual findings or judicial determinations.

Answer 131

special master

Marriage of Olson (1993) 14 Cal.App.4th 4

Question 132

A party may elect to use a settled statement as the record if they elect it on his or her notice designating the record AND (1) oral proceedings were not ______ OR (2) appellant has an order waiving _____. Must show a (1) there will be substantial savings in cost without _____ or the court; (2) the oral proceedings cannot be transcribed: OR (3) absent fee waiver, he/she is unable to pay for a reporter’s transcript and funds are not available from the Transcript Reimbursement Fund.

Answer 132

reported by a court reporter

his or her court fees and costs

significantly burdening opposing parties

CRC 8.137