Marriage of S.

Filed 7/31/06 Marriage of S. CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION ONE

David S. (Husband) appeals from an order denying his motion to quash service of summons and petition for marital dissolution, to set aside a stipulated judgment of dissolution of marriage for fraud and perjury, and to set aside a deed. He also seeks review of two orders granting attorney fees to respondent.

Husband raises numerous claims of error on appeal, many of which are framed as legal issues, but depend upon factual premises contrary to the facts found by the court as trier of fact. We shall find no reversible errors, and shall affirm the court's orders.

Facts

Petition for Dissolution and Entry of Stipulated Judgment

The parties married on December 3, 1977. The parties have two children, but only one was a minor (hereafter, the minor) at the time of the marital dissolution proceedings. On August 25, 2003, K. S. (Wife) filed a petition for dissolution of marriage. She did not file the proof of service of summons until January 28, 2004. On that same date Husband filed an income and expense declaration.

On July 2, 2004, Wife filed and served a declaration for default or uncontested dissolution, stating that the parties had agreed to a stipulated judgment. On that same date each of the parties filed declarations attesting, under penalty of perjury, that they had exchanged preliminary declarations of disclosure. They also signed and filed a stipulation for waiver of final disclosure acknowledging service and receipt of preliminary disclosure, stating that they â€