Marriage of Colletta

Filed 2/9/07  Marriage of Colletta 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

I.  INTRODUCTION

            Appellant Lynda Colletta and respondent Andrew Colletta[1] stipulated that attorney Victor Castro would be appointed temporary judge of the superior court to settle their marital dissolution action.  After the settlement conference held March 7, 2005, the parties reached a settlement agreement that resolved a number of issues.  A stipulated judgment incorporating the settlement agreement was entered by Temporary Judge Victor Castro (hereafter Judge Castro).  Among other things, the judgment ordered Lynda to pay Andrew monetary sanctions in the amount of $33,000.

            Lynda subsequently brought a motion to set aside the sanctions portion of judgment on the ground of attorney mistake and inadvertence, pursuant to Code of Civil Procedure section 473, subdivision (b).  Andrew contended that the motion must be heard by Judge Castro.  The trial court agreed, and issued an order of July  11, 2005, referring the motion to Judge Castro, who denied the motion on November 14, 2005.  

            On appeal, Lynda contends that the trial court erred in referring the motion to set aside the sanctions portion of the judgment  to Judge Castro.  She also contends that Judge Castro erred in denying the motion.  For reasons that we will explain, we find no error and therefore we will affirm.

II.  FACTUAL AND PROCEDURAL BACKGROUND

            A. Background

            Andrew and Lynda were married in 1975 and separated in 2002.  They have one minor child, Amanda, who is 15 years old.  Andrew petitioned for dissolution of marriage in December 2002.

            During the course of the litigation, a settlement conference was set for March 7, 2005.  Both parties filed settlement conference statements.  Lynda stated that the issues to be resolved at the settlement conference included spousal support, division of community assets and debts, and reimbursement claims.  Andrew's settlement conference statement indicated that the issues also included property valuation, date of separation, child support, and property characterization, as well as Lynda's alleged wrongdoing (violation of the automatic temporary restraining order (Fam. Code, §  2040, subd. (a)(2)),[2] â€