Marriage of Boone and Ding
Filed 4/18/06 Marriage of Boone and Ding CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
| In re the Marriage of DAVID ALAN BOONE and XIAOHONG DING. | H028294 (Santa Clara County Super. Ct. No. FL100690) |
| DAVID ALAN BOONE, Respondent, v. XIAOHONG DING, Appellant. |
Statement of the Case[1]
In June 2001, respondent David Alan Boone filed a petition to dissolve his three-month marriage to appellant Xiaohong Ding. They later agreed to a stipulated judgment of dissolution, and in January 2002, it was entered. Ding appealed from the judgment, and in September 2003, this court dismissed the appeal as frivolous because a stipulated judgment is not appealable. We also imposed sanctions, finding that the appeal had been prosecuted in bad faith for an improper motive. (Boone v. Ding (Sept. 16, 2003, H024281) [nonpub. opn.].) Thereafter, Ding filed a motion to vacate the stipulated judgment, property settlement agreement, and premarital agreement. (See Fam. Code, § 2120 et seq.)[2] A hearing on the motion before Judge Dolores Carr, who had accepted and entered the previous stipulated judgment, ended in a mistrial apparently because Ding's attorney was experiencing problems with prescription drugs.[3] A second hearing was conducted over five days, and on September 28, 2004, Judge Catherine A. Gallagher denied Ding's motion. At a subsequent hearing on October 4, 2004, Judge Gallagher granted Boone's request for attorney fees as a sanction against Ding for moving to vacate the stipulated judgment. On November 3, 2004, Judge Gallagher entered an order, awarding Boone $21,000.00 in attorney fees. On November 17, 2004, Ding filed a motion for reconsideration of the award of sanctions. On November 23, 2004, Judge Gallagher entered an order denying Ding's motion to vacate the stipulated judgment. On December 15, 2004, Ding filed a notice of appeal from a â€
