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Marriage of Daniels

Marriage of Daniels
06:14:2006


Marriage of Daniels








Filed 5/9/06 Marriage of Daniels CA2/1





NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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





SECOND APPELLATE DISTRICT





DIVISION ONE

















In re Marriage of TROY and ERNESTINE DANIELS.



B176498


(Los Angeles County


Super. Ct. No. BD381673)



TROY DANIELS,


Respondent,


v.


ERNESTINE DANIELS,


Appellant.




APPEAL from an order of the Superior Court of Los Angeles County, Robert A. Schnider, Judge. Conditionally vacated and remanded with directions.


Ernestine Daniels, in pro. per., for Appellant.


Macksoud & Macksoud, Alexander E. Macksoud and Alexander E. Macksoud II for Respondent.


_________________________________


This is a marital dissolution proceeding in which the wife appeals from an order denying her motion for relief from default and the resulting judgment, contending two parcels of real property awarded to the husband were, in fact, her separate property. Because there is a possibility (but only that) of fraud, we remand for further proceedings.


FACTS


A.


Troy and Ernestine Daniels were married in 1970. They separated by December 1979 but did not do anything to formalize the end of their relationship until December 27, 2002, at which time Troy filed a petition to dissolve their marriage. The couple had no minor children.


In his petition, Troy sought confirmation that real property located at 1614 West 62nd Street, a 1980 Datsun, and his â€





Description A marital dissolution proceeding in which the wife appeals from an order denying her motion for relief from default and the resulting judgment, contending two parcels of real property awarded to the husband were, in fact, her separate property.
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