Marriage of Dobrowolski and Fitzgerald

Filed 2/15/07  Marriage of Dobrowolski and Fitzgerald CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

            APPEAL from a judgment of the Superior Court of Los Angeles County, James  D. Endman, Commissioner.  Affirmed.

            Law Offices of Helphand and Rich and Alan  R. Chappell for Appellant.

            Law Offices of Robert  J. Vars and Robert  J. Vars for Respondent.

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            Marek Dobrowolski appeals from an order correcting a clerical error in a stipulated judgment of dissolution after his former spouse, respondent Roza Fitzgerald, moved to set aside the judgment as to spousal support due to claimed fraud.^[1]  We affirm.

FACTS AND PROCEDURAL HISTORY

            Marek and Roza were married on April  5, 1993.  They separated five years later, on April  2, 1998.  There were no children as a result of the marriage.

            Appellant filed a petition for dissolution of marriage on May  8, 1998.  Neither appellant nor respondent was represented by counsel.  Marek and Roza agreed that Marek would pay Roza certain spousal support.  A stipulated judgment form was prepared by a nonattorney, Edith Brandel.  Appellant and respondent signed the stipulated judgment form on July  9, 1998.  The stipulated judgment was signed and entered by the court on December  4, 1998.

            Marek and Roza agreed that Marek would pay Roza spousal support at $2,500 per month for 36 months.  However, the stipulated judgment contained a typographical error and in fact provided that â€